Delhi High Court Refuses To Stay Trial In Attempt To Murder Case Over Alleged Attack On Chief Minister Rekha Gupta, Orders FSL Report

The Delhi High Court on Wednesday declined to stay trial court proceedings against two accused persons charged with allegedly attacking Delhi Chief Minister Rekha Gupta during a public event in 2025, holding that no grounds were made out to interfere at this stage.

The order was passed by Justice Anup J Bhambhani while hearing petitions filed by the accused, Sakriya Rajeshbhai Khimjibhai and Tahsin Raza Rafiullah Shaikh, challenging the framing of charges against them, including the charge of attempt to murder.

Rejecting the plea for interim relief, the Court observed, “I do not believe in staying something unless I am very clear that something wrong is going on or will go on. I do not see that at all... I still don't understand why you were in Delhi at all,” indicating that no prima facie illegality or prejudice warranting a stay of trial had been demonstrated.

At the same time, the Court issued directions to the Forensic Science Laboratory (FSL), Rohini, to expedite the examination of the accused persons’ mobile phones and submit a report within four weeks.

The direction was issued on a request made by counsel for the Delhi Police.

The Court underscored the evidentiary relevance of the devices, observing that a mobile phone is a “repository of all secrets” and that forensic analysis in the present case may assist in establishing the connection between the accused, particularly since neither of them is a resident of Delhi.

Counsel for the petitioners had urged the Court to defer the trial proceedings, pointing out that the trial court was scheduled to take up the matter shortly and that, in the absence of a stay, recording of evidence would commence.

However, the High Court declined to accede to the request.

The case arises from an incident that occurred during a ‘Jan Sunwai’ programme held at the Chief Minister’s camp office in the Civil Lines area, where Gupta was allegedly attacked.

The prosecution has characterised the incident as part of a premeditated conspiracy.

The trial court had, in December 2025, formally framed charges against both accused persons, holding that a prima facie case was made out.

The charges include offences under provisions of the Bharatiya Nyaya Sanhita relating to criminal conspiracy, obstruction of a public servant in discharge of duties, use of criminal force against a public servant, and attempt to murder.

According to the prosecution, the accused persons had allegedly conspired prior to the incident, including holding a meeting in Gujarat.

It is further alleged that one of the accused transferred money to facilitate the execution of the plan.

The accused have pleaded not guilty to the charges. Khimjibhai, a resident of Rajkot, Gujarat, was arrested and charged with attempt to murder and other offences, while Shaikh has been accused of conspiring with him.

The investigation culminated in the filing of a detailed chargesheet by the Delhi Police, outlining the alleged sequence of events and material collected during the probe.

With the High Court declining to stay the proceedings, the trial before the competent court is set to continue in accordance with law, subject to the outcome of the petitions challenging the framing of charges.

Case Title: Sakriya Rajeshbhai Khimjibhai vs. State (NCT of Delhi)

With Inputs From: ANI