Conflicting 'disclosure statements' of JMI student leader in chargesheet

new delhi: While the Delhi Police had decided to go back on its theory of the north-east Delhi riots being planned in early January to coincide with President Donald Trump's visit, it has now claimed that the violence outside Jamia Millia Islamia in December last year led to the foundation of the Jamia Coordination Committee, which purportedly "conspired" to incite the riots, according to their chargesheet in the case.

Police have heavily relied on "disclosure statements" of JMI student Asif Iqbal Tanha, one of the 15 accused in the chargesheet, recorded in police custody during his interrogation to establish his alleged role in the riots. Significantly, "disclosure statements" are inadmissible evidence unless recorded in the presence of a magistrate.

However, in its chargesheet, police claim they have ascertained Tanha's role on the basis of "statements under Section 161 CrPC and Section 164 CrPC and technical investigation".

While Tanha's first statement on May 22, said that he had started opposing the CAA after he read about it and wanted to spread awareness of its "anti-Muslim" nature; the supplementary statements recorded in the next few days show a drastic change, where he purportedly talks of "making India an Islamic state" and "end all kafirs".

Significantly, while in the first statement Tanha says he genuinely believed the CAA was anti-Muslim, in a subsequent statement recorded on May 23, he starts his statement by saying he was "knowingly spreading wrong information about the Citizenship law".

In his first statement, Tanha allegedly outlines how the JCC came to be. Tanha said that a common body meeting was held after the protests at Jamia initially began, which included organisations like AISA, JSF, and SIO and a collective known as "Jamia against CAA, NRC" was formed.

On December 13, during a protest march, they reached near the wall which is the last wall of campus where police had kept their barricades. Police told them that they will not allow the march and Tanha purportedly told others to move forward, saying the police have no courage to stop them. A clash ensued soon and police lathicharged protesters, injuring many.

On December 15, during a march, violence was reported after police tried to stop a march near Surya hotel in Jamia Millia Islamia, the mob started pelting stones and set buses on fire, the Special Cell claimed. "After December 2019 incidents a plan was prepared to make one centralised body under which different organisations and groups will come and will operate protests and it led to the formation of JCC," Tanha said in his first statement in the charge sheet. Alumni Association of Jamia Millia Islamia (AAJMI) was connected with JCC and was helping with funds for the protests.

However, words like "instigated" "wrong information on CAA" become commonplace in the following statements cited by the police. Police claimed he said that he had allegedly gone to several states to speak and "instigate" Muslims. Tanha, in his subsequent statements, purportedly said that their plan was to "disturb Hindus so that they can react and a riot-like situation will be created, thus forcing the government to take the law back".

During anti CAA protests, Tanha allegedly said he visited Nizamuddin, Shaheen Bagh, Inderlok, Eidgah and Hauz Rani. In the Jamia area, he was present along with over 200 other members of the JCC and he was also a member. He was present on December 15, 2019, in a rally against the CAA and on December 13, 2019, when Sharjeel Imam instigated crowds for chakka jam he was also present, police claimed.

As per the chargesheet, Tanha allegedly said that during a rally held on December 15, 2019, he along with local leaders "instigated the crowd for arson and sabotage which resulted in a riot in Jamia". Tanha used to upload his speeches on Facebook and the purpose was to instigate the Muslim Community through social media for violent agitation, according to the police's claims.