New Delhi, In the ongoing bail proceedings of former Jawaharlal Nehru University (JNU) student Umar Khalid, accused in the 2020 northeast Delhi communal riots, his counsel argued on Thursday that a court’s role is not merely to echo the prosecution’s narrative but to scrutinize the evidence thoroughly. Khalid has been detained under the stringent Unlawful Activities (Prevention) Act (UAPA) related to his alleged involvement in a broader conspiracy behind the riots.

According to Kashmir Media Service, the argument for Khalid’s bail was presented before Additional Sessions Judge Sameer Bajpai by Senior Advocate Trideep Pais. Pais emphasized that for the accused’s prima facie guilt to be established, the prosecution must present evidence of significant “probative value”. He highlighted, “The court must be satisfied with the worth of the evidence. No terrorist act has been attributed…. The court cannot be the stenographer of the prosecution…. No statements have resulted in any recovery of anything attributed to me.”

The defense counsel pointed out a notable shift in the case’s landscape, citing a July 2023 Supreme Court judgment that led to the bail of activists Vernon Gonsalves and Arun Ferreira in the Elgar Parishad-Maoist links case, after they had been detained for five years. This precedent was brought up to underline the change in circumstances warranting reconsideration for Khalid’s bail.

Further, Khalid’s lawyer contended that the charge-sheet lacks concrete evidence against his client, noting the absence of witnesses for many alleged offenses and arguing that mere participation in a WhatsApp group does not constitute a criminal act.

The 2020 Delhi riots, which resulted in significant loss and destruction, have seen 20 individuals, including activists Sharjeel Imam, Khalid Saifi, and former Aam Aadmi Party (AAP) councillor Tahir Hussain, accused of orchestrating a larger conspiracy to incite the violence. The Special Cell of the Delhi Police is handling the investigation into these allegations.