[DELHI RIOTS] "Sufficient material to proceed against Umar Khalid, Sharjeel Imam:" Delhi Court takes cognizance of chargesheet under UAPA

Cognizance was not taken of offences under Section 124A/153A/109/120B IPC as the necessary sanction for the same under Section 196 CrPC is still awaited.
Sharjeel Imam (L), Umar Khalid (R)
Sharjeel Imam (L), Umar Khalid (R)
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A Delhi court, on Tuesday, took cognizance of the chargesheet filed against Umar Khalid, Sharjeel Imam and Faizan Khan in the Delhi riots case under the Unlawful Activities (Prevention) Act statin that there is sufficient material to proceed against them (State vs Tahir Hussain).

The order was passed by Additional Sessions Judge, Amitabh Rawat who noted that perusal of chargesheet and accompanying documents revealed there was sufficient material to proceed against the accused.

"After perusal of the chargesheet and accompanying documents, there is sufficient material to proceed under accused persons namely Sharjeel Imam, Umar Khalid and Faizan Khan," the order said.
Judge Amitabh Rawat
Judge Amitabh Rawat

Delh Police had filed the chargesheet earlier this month for the alleged commissions of offences under Sections 13/16/17/18 UAPA, Sections 120B r/w 109/ 114/ 124A/ 147/ 148/ 149/ 153A/ 186/ 201/ 212/ 295/ 302/ 307/ 341/ 353/ 395/ 419/ 420/ 427/ 435/ 436/ 452/ 454/ 468/ 471/ 34 IPC, 25/27 Arms Act & 3 / 4 PDPP Act.

However, the court did not take cognizance offences under Section 124A/153A/109/120B IPC as the necessary sanction for the same under Section 196 CrPC is still awaited.

Prosecution sanction under Section 45 UAPA in relation to Sections 13/16/17/18 UAPA was already on record.

Notice of cognizance was accepted by Khalid and Imam, who were present before the Court through video conference from jail.

Summons was issued to Faizan Khan who is out on bail.

In view of the fact that issue of supply of hard copies of chargesheet was pending before the Delhi High Court, the court directed that soft copies of the same be provided to all accused persons for now.

The first chargesheet in the case against 15 people was filed by Delhi Police earlier this year.

Accused persons include Ishrat Jahan, Safoora Zargar, Natasha Narwal, Devangana Kalita, Tahir Hussain etc.

As per Delhi Police's case, the Delhi riots were part of a premeditated, deep-rooted conspiracy which was hatched by the accused persons.

It is alleged that the accused persons conspired to cause disruption of such an extent and such a magnitude that would lead to disorderliness and disturbance of law and order at an unprecedented scale.

[Read Order]

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24.11.20 Tahir ors.pdf
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Read the detailed analysis of the first chargesheet here:

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