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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. Two have been declared proclaimed offenders. Of the total of 18 accused persons, 12 are in jail whereas 6 have been out on bail
Special Judge Amitabh Rawat of Karkardooma Court, Delhi will decide on September 14, whether to begin day-to-day hearings on the “point of charges” to be framed in the conspiracy case under the Unlawful Activities (Prevention) Act (UAPA) registered against 18 accused persons in connection with the 2020 northeast Delhi riots.
Although the day-to-day hearing was to begin today i.e. September 11, as per the court’s order dated August 5, however, Advocate Adit Pujari appearing for Devangana Kalita took objection for proceeding on charge. Pujari cited judgments and argued that the prosecution is "beating around the bush", still not saying that the investigation is complete in the case.
Advocate Sowjhanya Shankaran appearing for Asif Iqbal Tanha submitted that before proceeding the trial, on the point of charge, the prosecution must assure that their investigation is complete and no further supplementary chargesheet will be filed in the case.
Special public prosecutor Amit Prasad, opposed the contentions and argued that this is a tactic played by the accused, who are on bail to the benefit of accused who are in custody as they claim delay in Trial before higher courts. He submitted, that it should be taken on record. He also argued that they could have opposed the day-to-day hearing, before hand and file a proper application when it was directed by the court, way back on August 5.
The Judge then asked all the counsel of other accused persons in the case, to which most of them said that they would also want the arguments of ‘point of charge’ to begin only after completion of investigation.
Advocate Sahil Ghai for Umar Khalid said that, he’ll seek instructions.
On the contrary, Advocate Mohd. Hasan for Tasleem Ahmed said that he was ready to start arguments on charge.
“Put a detailed submission, with advance copy to the Prosecution”, the court ordered. Accordingly, the court posted the matter for further hearing on September 14.
The court noted that the prosecution is ready to begin submissions on point of charge, however, the counsel for accused sought time to file their objection through a proper application.
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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