A Delhi Court observed that the allegation against student activist Umar Khalid and United Against Hate (UAH) leader Khalid Saifi relate to an "Umbrella Conspiracy" that is, a larger conspiracy to incite the February 2020 Delhi Riots, as opposed to conspiracy peculiar to an incident.
Additional Sessions Judge Pulastya Pramachala on December 3 cleared Khalid and Saifi from a Delhi Riots case filed in connection with the destruction of Pradeep Verma's parking lot in NorthEast Delhi's Khajuri Khas area. Though Khalid and Saifi have been cleared of charges in this case, they continue to remain in jail because they are also accused of being part of a larger conspiracy to orchestrate the Delhi Riots.
"As far as accused Khalid Saifi and Umar Khalid are concerned, I find that allegations made against them relate to Umbrella Conspiracy, rather than conspiracy peculiar to incident investigated in this case…," the 50-page order released early Monday morning read. "Since, Umbrella Conspiracy i.e. larger conspiracy to incite riots in Delhi, is already the subject matter of consideration in FIR 59/2020, PS Crime branch, therefore, these two accused are entitled for discharge in the present case," the order further read.
The court however charged ex-AAP leader Tahir Hussain, Liyakat Ali, Riyasat Ali, Shah Alam, Mohd. Shadab, Mohd. Abid, Rashid Saifi, Gulfam @ VIP, Arshad Qayyum, Irshad Ahmad and Mohd. Rihan @ Arshad Pradhan for rioting, conspiracy, spreading religious hate among other sections under the Indian Penal Code. These 11 people will have to stand trial in this case.
The prosecution alleged that rioters used Hussain's building for "brick batting, stone pelting, pelting of petrol bombs and acid bombs".
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Umbrella conspiracy larger, several small conspiracies hatched under it
Delhi Court pointed out that Delhi Police Crime Branch had already filed a case—FIR 59/2021—pertaining to the larger conspiracy to ignite communal riots in Delhi. This, the judge said could be the "Umbrella Conspiracy". While discharging Khalid and Saifi from the current case, ASJ Pramachala said, "There is concept of an Umbrella Conspiracy being the larger conspiracy and several smaller conspiracies hatched under the larger conspiracy."
"The objective of the Umbrella Conspiracy may be wider than the objective of a smaller conspiracy. Planning to ignite a communal riot at a large level and taking steps for the prosecution of such a plan, could be Umbrella Conspiracy, and participants in this conspiracy may or may not be part of each smaller conspiracy and vice versa," the order read.
In pursuance of the objective of the larger conspiracy, when smaller plans are made and executed to cause an incident of a riot at a particular place or area, involving some other persons (perhaps including local persons), this becomes a case of smaller conspiracy under Umbrella Conspiracy, the court said.
Several trials are underway in cases pertaining to the 2020 Delhi Riots which resulted in the deaths of 58 and injured hundreds. The Crime Branch has filed its chargesheet—running over more than 10,000 pages in the case pertaining to the Umbrella Conspiracy.
The abovementioned case pertains
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