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Twenty accused persons include Sharjeel Imam, Umar Khalid, Khalid Saifi, and former AAP councillor Tahir Hussain, who have been booked for their alleged involvement in the conspiracy to incite the riots. Of the total of 18 accused persons, 12 are in jail whereas 6 are out on bail
Some of the accused persons in the 2020 northeast Delhi Riots have moved an application before a local court in Delhi taking objection against the hearing on ‘point of charge’ in the case lodged under the Unlawful Activities (Prevention) Act (UAPA), before arguments start on whether to frame the charges.
They have sought clarity from Delhi Police over completion of the investigation in the case.
The applications have been moved by Devangana Kalita, Natasha Narwal and Asif Iqbal Tanha.
Today, counsel appearing for co-accused Safoora Zargar and Sharjeel Imam told the Additional Sessions Judge (ASJ) Amitabh Rawat of Karkardooma Court that they will be adopting the submissions made by Tanha. However, the counsel for Meeran Haider informed the court that they will be filing a fresh application by today evening or tomorrow.
During the hearing, Umar Khalid, Khalid Saifi, Tahir Hussain, Sharjeel Imam, Gulfisha Fatima, and others were produced.
On August 5, the Court had instructed that all accused to be produced before court every day in the hearings in the larger conspiracy case.
Today, Advocate Sowjhanya Shankaran for Asif Iqbal Tanha submitted, “I have two specific prayers - that the prosecution must state what the status of the investigation is and the timeline for it. If the investigation is complete, then the prosecution should state the status ... There must be a concrete case against me so that I know what I am arguing against”.
She contended that when first supplementary chargesheet was filed, it related to three accused, when second was filed in 2021, no specific allegations against were against Tanha. "One year later, they now file third supplementary chargesheet, where they have new witnesses," the counsel argued.
Advocate Adit Pujari for Devangana Kalita contended that there are consequences of never-ending trial. “In chargesheet, they have said that there is 'terrorist attack' by planning chakka jam. That case has completely changed before Supreme Court. How is Chakka jam terrorist activity and how does it come under UAPA?” he added.
Pujari submitted, “Today when SPP Prasad is saying that they can continue the investigation and that we are trying to derail the process, I can show that we are not trying to delay. The latest judgment says that they have to stop at the stage of charge. The moment, charges are framed, their power stops”.
He further submitted, “Your Lordships may call upon the case diaries, the prosecution has material in their possession. Have they called the same witnesses?...The trial will be delayed for sure”.
The matter has been listed for further consideration on September 18, 2023.
Notably, on August 5, the ASJ had ordered, “The compliance under Section 207 of the Code of Criminal Procedure (supply to the accused of copy of police report and other documents) qua all the charge sheeted accused persons is complete. Hence, list the matter for arguments on the point of charge on September 11, 2023, onwards for day-to-day hearing”.
The judge had said that the Special Public Prosecutor (SPP) will begin the arguments on September 11 and all accused have to appear physically during the hearings. SPP Amit Prasad will appear on behalf of the Delhi Police.
"All the accused persons shall appear physically on next date onwards. The IO [Investigating Officer] concerned shall remain present on the next date of hearing. Copy of this order be sent to the concerned Jail superintended for information and compliance”, the court had added.
Case Title: State v. Tahir Hussain & Others
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