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Synopsis

Additional Sessions Judge (ASJ) Amitabh Rawat of the Karkardooma Court on Tuesday adjourned the hearing in the application filed by various accused persons seeking the status of the investigation in the case pertaining to the alleged conspiracy behind the 2020 northeast Delhi riots till October 25. 

The judge was hearing the applications filed by accused Devangana Kalita, Natasha Narwal, Asif Iqbal Tanha, Meeran Haider, and Athar Khan. 

The matter is listed for further hearing on October 25, 2023, at 12 noon. 

Accused Khalid Saifi, Faizan Khan, Ishrat Jahan, Sharjeel Imam, Safoora Zargar, Saleem Malik, Shifa-ur-Rehman, Shadab Ahamd and Gulfisha Fatima have adopted the same arguments.

Whereas, accused Saleem Khan, Tasleem Ahmad, Umar Khalid, and Tahir Hussain have taken a stand that they want the arguments on the point of charge to begin by the prosecution, without any further delay.

Earlier, SPP Prasad had submitted before the court that the application was “not maintainable”.

He had argued that this matter of 'status on investigation' was between the court and the prosecution. He had contended, "At present, I am only on the maintainability of the application. So far as the case is ripe or not, I will demonstrate that before the court". 

"In the name of the rights of accused, the applicants cannot give such an application. When a right is not given to the accused, in the garb of that they cannot file such an application", he had submitted.

The SPP had also contended that the maintainability of the application went to the root. "When the application is not maintainable, there is no reason to argue beyond that", he had added. Prasad had further argued that to block the arguments on charge was not permissible. 

On September 19, the SPP had termed as "frivolous," "speculative," and "presumptive" the applications of various accused persons. He had argued that each application failed to disclose any provision in law which could allow their prayers. He had said that the applications were "frivolous" as they were beyond the ambit of the Code of Criminal Procedure (CrPC).

"These prayers are speculative and presumptive … These prayers go on the assumption that framing of charges attains finality," he had said. "This frivolous application was filed on the day when arguments on charge were to begin. It was on 1:45 pm suddenly, when two accused opposed the hearing. They waited for a good 40 days. They made sure to wait till the time the prosecution opens the case. They disrupt the entire proceeding and then say they don't want to delay the trial", the SPP had argued.

On judgments cited by the accused in their applications, the SPP had said that none of the verdicts gave any power to entertain the application in this manner, nor any power to go beyond the CrPC. "Applications are nothing but attempts to derail the trial," the SPP had said.

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) would begin the arguments on September 11 and all accused had to appear physically during the hearings. SPP Amit Prasad would appear on behalf of the Delhi Police, the judge had noted.

"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