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Synopsis

The Karkardooma Court recently warned the counsels of all accused in the Delhi riots case to "stop seeking constant adjournments and to be ready to argue the cases," as the matter is now scheduled to be heard on charge on a day-to-day basis. 

The accused, including Umar Khalid, Sharjeel Imam, Tahir Hussain, Asif Iqbal Tanha, Ishrat Jahan, and others, are in the dock for their alleged roles in the 2020 riots that gripped Delhi. They are facing serious charges under the Unlawful Activities Prevention Act (UAPA).

The bench, presided over by Additional Sessions Judge Sameer Bajpai, expressed surprise at the frequent adjournments being sought by the counsels and said, "It was informed that on the last date of the hearing, the matter should be heard on charge on a day-to-day basis, and after considering the submissions of the learned counsel for the accused persons, they would reach a consensus among themselves for addressing arguments in a particular sequence with their consent."

Emphasizing the importance of this schedule, the Judge remarked, "The matter was fixed today for arguments on a charge, but still none of the counsels is ready to address arguments."

In light of the ongoing delays, the court highlighted, "Sufficient time was granted to the counsel for the accused persons; still, they are not ready today. The court warned the accused that the matter should not be delayed further unnecessarily on their part."

Notably, during the hearing on October 4, the counsel for the AAP councillor Tahir Hussain submitted before the court that he had recently been engaged in the case and that he required time to review the case as the record was quite bulky.

The counsel for Asif Iqbal Tanha submitted that, due to personal difficulties, they have been unable to reach a consensus on the order in which the arguments will be heard.

However, She assured the court that she would be ready with her arguments once the arguments by the counsel for Tahir Hussain were completed, promising that no further adjournments would be sought thereafter.

Consequently, The counsel appearing for Umar Khalid stated that he would also address the arguments after the completion of arguments on behalf of Tahir Hussain.

On the other hand, The counsel for Sharjeel Imam told the court that due to unavoidable circumstances, the counsels for the said accused could not reach a consensus as to how to address the arguments. Hence, he requested the court to grant reasonable time and further assured that he would not seek any further adjournments and would be ready to address his arguments.

The counsel appearing for Ishrat Jahan submitted before the court that the role of his client is minimal in nature and that he would commence his arguments towards the end. 

Considering this, Additional Sessions Judge Sameer Bajpai said, "It is again made clear that ld. counsel for other accused persons should make themselves ready for their arguments as soon as the arguments on behalf of the accused Tahir Hussain are finished and no adjournment will be granted to them on any ground.

Background: 

Violence unfolded in Northeast Delhi during protests against the Citizenship Amendment Act (CAA), which led to widespread clashes between supporters and opponents of the Act. Numerous incidents of stone pelting, arson, and violent protests were reported, causing substantial loss of life and property.

The Delhi Police filed the FIRs in connection with the riots. Several individuals, including activists, students, and political figures, were named in various chargesheets, facing allegations under stringent laws such as the Unlawful Activities (Prevention) Act (UAPA). 

Case Title: Case Title: State v Tahir Hussain