During the course arguments in the appeal filed against the trial court order denying Khalid bail in the case, the Bench of Justices Siddharth Mridul and Rajnish Bhatnagar questioned what Umar Khalid meant when he used the words “inquilab” and “krantikari” in the speech that he delivered at Amravati.
The bench asked Senior Advocate Trideep Pais, who was appearing for Khalid, to explain the meaning of the words and the context in which they were used because understanding this was necessary to understand whether he was part of the conspiracy that resulted in the Delhi riots of 2020.
“We have to look at what he means by the word “inquilabi” and “krantikari”. You say this does not incite anyone. The question is it is not a knee-jerk reaction… The point is why should he refer to it as “inquilabi” and krantikari”,” it said.
Justice Bhatnagar pointed out that the person who had introduced Khalid on stage had also introduced him saying he will present his “inquilaabi khayal”.
“You are saying you are galvanising the troops? We will ask the prosecution whether galvanising the troops is an offence. But galvanising people to violence is an offence,” Justice Mridul said.
The bench also questioned the phrases Khalid used in his speech to refer to Prime Minister and whether they were appropriate.
“What does he say about the Prime Minister in the speech? He used the word changa, what is that? Is it fair? There has to be some line for criticism, some Lakshman Rekha,” Justice Bhatnagar said.
Pais however responded that the phrase “sab changa si” is meant as a satire and no person can be put behind bars for over 500 days because he used the phrase or because he used the word Jumla.
Pais also told the court that the fact that Khalid introduced Imam to Yadav was mentioned in the chargesheet.
Justice Mridul then said, “Oh! I don’t think introducing Sharjeel Imam to Yogendra Yadav is an offence.”
Pais then responded, “I am glad it fell from your Lords. It has been presented as crime in the chargesheet.”
Source: Barandbench
