Setting aside the potential political machinations at play, though, would one be able to make a case for the Chakka Jaams in this case to rise to the level of offences under the UAPA?

Tamta warns that this will require a very high standard of proof, especially since much of the incontrovertible evidence, for instance the many WhatsApp chats and social media posts by the accused, only talk about organising road blocks. Witness statements saying that in private the accused actually said they wanted to incite violence, will no doubt be relevant, but are unlikely to be enough to prove that violent intent without some other corroborative proof. Proving the “mutation of the Chakka Jaams from a protest to communal violence” is also something Grover is skeptical about, as this requires “cogent, reliable and admissible evidence to prove every element of the alleged criminal conspiracy.” Theorising and surmising to fill in the gaps in the case will not work for the prosecution. Sidharth Luthra declines to comment on whether or not invoking the UAPA is justified in cases like this, as he says this is a matter of evidence which will have to be proved at trial. However, he does ask that if the Delhi Police was of the opinion that the case fell within the ambit of the UAPA, why was it not transferred to the NIA?

Delhi Riots: When Does a Chakka Jam Become a Crime Under UAPA or IPC? Can the Delhi Police Claims be Proven?

(This story was first published on 26 September 2020 and is being republished on 15 June 2021 in light of three UAPA accused – Natasha Narwal, Devangana Kalita, and Asif Iqbal Tanha – being granted bail by the Delhi High Court.)

How were the Delhi riots engineered?

This is the fundamental question that the Delhi Police’s Special Cell has to answer through its investigation into ‘FIR 59’, the case that deals with the conspiracy to cause the carnage that ripped through North East Delhi in February 2020.

The ‘how’ of it all is what sets this particular case apart, as there are separate FIRs and cases dealing with the specific incidents of murder, arson, and other violence that constituted the riots.

The Delhi Police provided their first set of answers to the question in a 17,000 page charge sheet submitted to the Delhi court dealing with the matter on 21 September – central to which were the accused’s plans for and creation of road blocks or ‘Chakka Jaams’.

Published: 26 Sep 2020, 10:33 AM IST

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Delhi Riots: When Does a Chakka Jaam Become a Crime?

Police say road blocks were part of the conspiracy behind the Delhi Riots. But does this work under the IPC & UAPA?