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22. The statement made by another protected witness ECHO, was sought to be read, which according to the Ld. Senior counsel does not disclose the commission of any alleged offence and is ex-facie unreliable and false. According To him, the Ld. Sessions Court failed to note the contradictions in Echo‟s statements, which show the procured nature of NEUTRAL CITATION NO: 2022/DHC/004325 the witness. For instance, in his statement under Section 161 Cr.P.C. this witness claims that Gulfisha and her team had, upon the Appellant‟s telling, asked women and boys to carry chilli powder, bricks, acid bottles etc., although there is no whisper of any meeting in his statement under Section 161, Cr.P.C nor any speech by the Appellant. Yet, in his statement under Section 164, Cr.P.C., he miraculously remembers a meeting of 23.01.2020-24.01.2020 which was attended by the Appellant and even remembers that the Appellant allegedly said "chakka jam hi aakhri raasta hai", "khoon bahana padega". Next, the Ld. Sr. Counsel has taken us to the statement of witness DELTA, which according to him does not disclose the commission of the alleged offence, even at its fullest force. According to him, although the witness claimed that "Umar Khalid also came at the protest site and gave speeches against the government", however the witness did not call the speech inflammatory or provocative, nor has the prosecution placed any material in support thereof.

52. It is the primarily contention of the Ld. Sr. Counsel for the appellant that there are no witnesses to support most of the allegations as mentioned in the charge-sheet. In his endeavour to prove the said point, NEUTRAL CITATION NO: 2022/DHC/004325 the counsel took us to the statement recorded by various witnesses to contend that nothing incriminating has been expressed against the appellant. However, we find that in the aftermath of the Citizenship Amendment Bill, which was passed by the Central Cabinet on 04.12.2019, the unfolding of events to be very relevant. Admittedly, a WhatsApp group of Muslim Students of JNU was formed with Sharjeel Imam being its main member in the night of 5/6.12.2019, i.e just 1-2 days after the said passing of the Bill. The Appellant was also the member of the said group. Witness has stated that Muslim Students of JNU was formed and Tahira Daud was added with the main purpose of coordinating in the protest and chakka jam in Delhi and other parts of India and to take participation in such protest, pursuant to which Sharjeel Imam started distributing pamphlets in Masjids against CAA/NRC. Further, on the very next day on 07.12.2019, UAH conducted an agitation at Janta Mantar which was attended by Sharjeel Imam, Umar Khalid, Yogender Yadav and others. Thereafter, again on 08.12.2019, a meeting took place at Jungpura office which was attended among others by Yogender Yadav, Umar Khalid, Sharjeel. Photograph from the said meeting was also filed. The said witness has supported the said meeting and about the instruction of Yogender Yadav and Umar Khalid regarding the complete support in chakka-jam. A Whatsapp group "CAB TEAM" was formed consequently on the same day, whose members included Sharjeel Imam, Umar Khalid, Yogender Yadav, Nadeem Khan, Khalid Saifi. Thus, a collective reading of the events that unfolded on each day after 04.12.2019 cannot be shrugged aside and it cannot be said that nothing incriminating has been NEUTRAL CITATION NO: 2022/DHC/004325 stated against the appellant.

53. The Appellant has sought to argue that the statement recorded of the protected witnesses like BOND, BRAVO, SATURN and JAMES are unreliable & false, besides being recorded in a delayed manner. Although, this court is not to conduct a Mini Trial while interpreting & deciphering the statements of each witness as it would tantamount to expressing an opinion on the veracity of the testimony of the witnesses resulting in scuttling the Trial and adversely affecting either of the parties. However, we find that BOND stated in his statement that Umar Khalid, Sharjeel, Saiful Islam and Asif Tanha had come to Jamia University campus on 13.12.2019 and the appellant told Sharjeel to start chakka-jam at Shaheen Bagh and Asif and Saiful to start chakka-jam at Gate no. 7 of Jamia University. Umar Khalid said that at the right time, they will also start chakka-jam in other Muslim areas of Delhi. He also said that Government is a Hindu Government and against Muslims and they have to overthrow the government and will do so at the right time. The said witness has also stated that JCC used to regularly hold secret meetings and had identified 20-22 spots in Delhi for starting of protest like Shaheen Bagh. Further, the witness SATURN has stated that a meeting took place between Umar Khalid, Khalid Saifi and Tahir Hussain at PFI Office in Shaheen Bagh area. Although, a point has been raised on the basis of CDR analysis that these three never met at the same time, but what we have at first look discerned from all of this so far is that the three of them met and while there seemed no contradiction as far as the factum of NEUTRAL CITATION NO: 2022/DHC/004325 meeting of the trio was concerned, variance was only to the limited extent of the witness stating that he was present inside or outside the office.

54. As regards the statements recorded of other protected witnesses as mentioned in the charge-sheet like SIERRA, SMITH, ECHO, DELTA, GAMA & YANKEE being of questionable credibility and as such unreliable for arriving at a conclusion to hold that the accusation is prima- facie true against the Appellant as contended by the Appellant is also not correct as we find that statement of Smith, Echo and Sierra has confirmed about a conspiratorial meeting, which took place in the intervening night of 23/24.01.2020 at Seelampur, Jafrabad Protest site between Umar Khalid with Pinjra Tod members and others. It was decided to induce local women of Seelampur to start stock piling knives, bottles, acids, stones, chilly-powder and other dangerous articles to be used in rioting as part of a conspiracy. The plan was to escalate the protest to the next level of chakka-jam and then riots. The Ld. Sr. Counsel also highlighted that the statements recorded of protected witness like HELIUM, CRYPTON in support of the incident mentioned in the charge-sheet, cannot be taken into consideration as evidently, they are procured with marked progressive improvement. However, we observe that on 06.02.2020, a protest site was developed at Jahangir Puri and on 10.02.2020, Umar Khalid met with Jahangir Puri residents at a protest called by the Welfare Party of India. Umar Khalid stated that since Bangladeshi live there, they must be made aware of the CAA and asked to fight against the said law, a circumstance which is duly supported by the said protected witness, Helium and NEUTRAL CITATION NO: 2022/DHC/004325 Crypton.