[DELHI RIOTS] Delhi High Court stays trial in conspiracy case under UAPA

The Delhi High Court on Tuesday stayed the trial in the case concerning the alleged conspiracy that led to the riots in the capital’s North-East area in February 2020. (State vs Tahir Hussain & Ors)

The order was passed by a single-judge Bench of Justice Suresh Kumar Kait in Delhi Police's plea challenging the trial court asking it to supply hard copy of the chargesheet to all accused.

It is Delhi Police's case that the direction to supply hard copies was made in a mechanical manner, without considering its submissions.

Delhi Police has submitted that the chargesheet runs into thousands of pages with 23 volumes. Thus, it was submitted that given its voluminous nature, the court ought to have exempted physical supply of chargesheet and allowed the accused persons to inspect the same either personally or through pleader in court.

While issuing notice in the petition, the High Court granted time to the respondents/accused persons to file their response and stayed the trial till further orders.

The court also clarified that the trial court shall be free to decide any application whatsoever kind.

The chargesheet was filed by Delhi Police before Additional Sessions Judge Amitabh Rawat at Karkardooma Court, Delhi Police. It has named fifteen people as accused including Abdul Khalid Saifi, Ishrat Jahan, Tahir Hussain, Safoora Zargar, Natasha Narwal. Devangana Kalita.

Police has sought of cognizance of offences under Section 120 B of the Indian Penal Code read with Sections 13, 16, 17, 18 of the Unlawful Activities (Prevention) Act [UAPA]; and Sections 124A, 153A, 302, 307, 109, 114, 147, 148, 149, 186, 353, 395, 201, 341, 212, 295, 427, 435, 436, 452, 454, 341, 420, 468, 471, 34 IPC; as well as Sections 25 and 27 of the Arms Act and Sections 3 and 4 of the Prevention of Damage to Public Property Act, 1984.

Trial in the case is yet to begin.

Following the disclosure of names of protected witnesses in the case, the trial court had last month directed the counsel for all accused persons to return the copies of the chargesheet supplied to them.

ASG SV Raju with SPP Amit Prasad appeared for Delhi Police.

The matter will be heard next on December 15.

[Read the Order]