A Delhi court has said that intentionally blocking roads and causing disruption of essential services which result in violence would be covered by the definition of the terrorist act.
A Delhi court has said intentionally blocking roads leading to violence will now be treated as an act of terrorism.
A Delhi court has said that intentionally blocking roads and causing disruption of essential services which result in violence would be covered by the definition of the terrorist act.
While dismissing second bail application of an accused, Asif Iqbal Tanha, additional sessions judge, Karkardooma court, Amitabh Rawat, also said. 바카라Acts which threaten the unity and integrity of India, in as much as causing social disharmony and creating terror in any section the people, by making them feel surrounded resulting in violence is also a terrorist act.바카라
Tanha, 27, is pursuing BA (Hons) from Jamia Milia Islamia (JMI) University and was arrested on May 17.
The court relied on protected witnesses who alleged Tanha바카라s active participation in the communal riots in North-East Delhi in February that left 53 dead and hundreds injured.
His first bail application was rejected on September 2, 2020. During his second bail application, Tanha바카라s lawyer Siddharth Aggarwal argued that since Delhi Police have already filed the chargesheet and its bare perusal and documents on which police have relied on, show that Tanha hasn바카라t indulged in any conduct amounting to any offence.
바카라The applicant (Tanha) was not even present in North-East Delhi during the unfortunate events of February 2020 and never visited any of the protest sites where incidents of rioting and violence occurred,바카라 Aggarwal argued.
He opposed the invocation of the anti-terrorist act, UAPA, in Tanha바카라s case on the baseless, concocted and false grounds.
Tanha was allegedly a member of Student Islamic Organization and on December 12 in furtherance of a criminal conspiracy, he sent a message in a WhatsApp group - SIO JMI Unit 바카라 and called for a march to Parliament from JMI University to protest against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC).
Students from another WhatsApp group, Muslim Students of JNU (MSJ) also took part.
He allegedly met other co-accused, Umar Khalid and Sharjeel Imam, on December 13. They asked him to plan a chakka jam 바카라in Muslim-majority areas to overthrow the government바카라 as it is against Muslims.
It was alleged that Tanha was instrumental in setting up and running Jamia Coordination Committee from its inception on December 17 and it was set up and run at the behest and directions of co-accused Umar Khalid.
He allegedly bought a SIM on forged documents to be used in the riots.
Aggarwal contended that all these allegations are 바카라based on statements of only a handful of witnesses (out of over 700 recorded statements) and there is no admissible or reliable material in the form of electronic data or recoveries to support the case of the Investigating Agency.바카라
Aggarwal also highlighted several contradictory stands of Delhi Police on different occasions and said that the police while opposing the first bail application had said that Tanha was part of a meeting at Jaffrabad metro station on February 22, a day before the clashes broke out, to make preparation for the riots.
However, When Tanha disputed the police바카라s claim, it changed its stand and said that such a meeting was held at JMI.
바카라The allegation of Applicant바카라s involvement in JCC WhatsApp Group chat is also demonstrably false,바카라 Aggarwal said.
However, Amit Prasad, special public prosecutor, appearing for Delhi Police, said that protected witnesses have highlighted Tanha바카라s role and 바카라in a case of conspiracy there are different roles attributed to different accused persons as spelt out in the chargesheet and thus, every accused plays his or her respective role.바카라
The court held that vociferous agitation in the guise of Citizenship Amendment Bill coupled with other activities of violence would show it was meant to cause disaffection against India.
Judge Rawat said that the entire conspiracy beginning from December 2019 of blocking roads to disrupt essential services resulting in violence and 바카라then leading to February incident with the focus being targeted blocking of roads at mixed population areas바카라 and attacking police with the façade of women protesters would be covered by the definition of terrorist act.
The court held the invocation of UAPA correct and said, 바카라if we look at the statement of protected witnesses under section 164 CrPC, we find sufficient incriminating material against the present accused.바카라