Court refuses to grant plea seeking handcuffs for Umar Khalid, Khalid Saifi

New Delhi: Pulling up senior Delhi Police officers for filing two applications before it which were "completely bereft" of any reason, a Delhi court refused to grant the plea moved by police seeking to produce former JNU student Umar Khalid and United Against Hate founder Khalid Saifi, both accused of a role in last year's Delhi riots, in "handcuffs in both hands from back side" as they were "high-risk prisoners.

The separate applications seeking the same were filed after a decision was taken in the matter by "so-called senior police officer(s)" of Delhi Police to move such applications before the Court.

During the hearing, Additional Sessions Judge Vinod Yadav asked Special Public Prosecutor Manoj Chaudhary about the meaning of "high-risk prisoner" and where was the same term defined; whether in jail manual or Punjab Police Rules or the circular(s) issued by Delhi Police.

"The learned SPP submits that he was not aware of the instant applications and as such, he could not take instructions in the matter," the court noted in its order.

ASJ Yadav further said that it was a matter of record that both the accused persons have already been granted bail in FIR 101 PS Khajuri Khas by the court and the other matter being FIR 59/20 (larger conspiracy case) PS Crime Branch "is not pending before this court".

"It is presumed that the bail order(s) of applicants (passed in case FIR No. 101/2020, PS Khajuri Khas) are in the knowledge of senior police officer(s) of Delhi Police," the court stated.

It added that the instant applications are "completely bereft of the reason(s)", prompting senior police officer(s) to take a decision to move such application(s).

"For want of material/reason(s) in respect of the applications in question, this Court is at a loss to consider the grant of prayer(s) in these applications," ASJ Yadav said.

In view of this, the court further directed DCP (Special Cell), who is investigating FIR 59/20 related to the premeditated conspiracy behind last year's Delhi riots, PS Crime Branch and DCP, 3rd Battalion, DAP to communicate the reasons for moving such application(s) before the court.

"The report be also called from Superintendent Jail concerned on these applications," the court order read.

A prosecutor in a riots case told Millennium Post, "The application was moved directly by the senior police officers without prosecutors being brought into the loop...it has been taken in view of the Gangster Kuldeep Fajja episode and out of several undertrials only Khalid Saifi and Umar Khalid have been chosen in Delhi riots cases and a top-level meeting has been taken by Delhi Police in this regard".

The matter will now come up for hearing next on May 6.