Fri. Mar 29th, 2024
Delhi High CourtIndia TV News

Synopsis: The specific charge against the defendant, a salesman, was that he had activated a JCC-used SIM card.

The Delhi High Court granted bail to a riot accused who gave a JCC-used SIM card that was used by the Jamia Coordination Committee, claiming that the Delhi Police’s argument was nothing but bald statements of witnesses.

The order was passed by the Single Judge Bench of Suresh Kait.

In the case involving the plot that led to the riots in the capital’s North-East district in February, the bail applicant, Faizan Khan, was arrested by Delhi Police.

Delhi Riots
The Tribune

The complaint was charges with the commission of offences, under the Unlawful Activities (Prevention) Act.

As per Delhi Police, Faizan Khan and one of the accused, Asif Iqbal Tanha behaved in connivance with each other and conducted the “preparatory work” for the illegal actions to be committed. The particular accusation against Faizan was that while working as the designated Airtel representative at a store named Golden Communication, he activated the SIM card.

Another accused, Safoora Zargar, later used this SIM card on behalf of the ‘Jamia Coordination Committee’ to control various sites and organise Muslim citizens, which resulted in chakka jaam and riots, the Delhi Police alleged.

Faizan Khan said, as per the witness statement, that it was necessary to issue the SIM card on a fake ID and to deliver it to Asif Iqbal Tanha, who was fighting for his group.

Delhi Police objected to the bail application on the ground that an investigation was still pending against six suspects, including Faizan Khan.

It was further argued that there was no basis for granting bail to Faizan Khan in view of the proof read with the presumption of commission of an offence as provided under section 14-E of UAPA.

Counsel for Faizan argued that the UAPA’s invocation was a gross violation on the part of the investigating agency, because there was no accusation or material to suggest, even indirectly, that it financed or engaged in any terrorist activity.

The Court iterated that the Delhi Police should have shown that Faizan Khan had “real information” that the said SIM card would be used to coordinate the protests in order to invoke the UAPA.

The Court also took into account the fact that Faizan Khan appeared willingly for questioning before the investigation agency and did not escape or flee between the FIR registration time in March and his arrest in July.

“There is no evidence on record such as the petitioner’s CCTV footage, video or chats with any of the party except for the accusation that in December 2019 he gave a SIM on fake ID and took a small sum of Rs.200/- for the same,” said the Court.

In view of the above, the Court found it necessary to grant Faizan Khan bail for the payment of a personal bond of an amount of Rs 25,000.