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"This Will Take Years": Court Expresses Concern Over Delay In Trial In Delhi Riots Larger Conspiracy Case

Nupur Thapliyal
1 Oct 2021 3:31 AM GMT
This Will Take Years: Court Expresses Concern Over Delay In Trial In Delhi Riots Larger Conspiracy Case
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A Delhi Court on Thursday expressed its concern over the delay in trial in the Delhi Riots larger conspiracy case involving charges Under UAPA and IPC and asked the Prosecution to file reply only with regards to the documents which cannot be given in the applications moved under sec. 207 CrPC by accused persons.The remarks came from Additional Sessions Judge Amitabh Rawat who said that...

 A Delhi Court on Thursday expressed its concern over the delay in trial in the Delhi Riots larger conspiracy case involving charges Under UAPA and IPC and asked the Prosecution to file reply only with regards to the documents which cannot be given in the applications moved under sec. 207 CrPC by accused persons.

The remarks came from Additional Sessions Judge Amitabh Rawat who said that if all the accused persons are filing applications under sec. 207 CrPC on different dates and the Prosecution chooses to file replies in all of them, it will delay the course of trial as the arguments have to be heard separately in such applications.

"This will take years, it will become very difficult," said the Judge.

Sec. 207 CrPC provides for the supply to the accused the copy of police report and other documents.

The development came after accused persons including Umar Khalid, Natasha Narwal, Devangana Kalita, Asif Iqbal Tanha, Khalid Saifi and others were marking their presence before the Court in the matter.

During the course of hearing, Advocate Rizwan appearing for Tahir Hussain expressed his concern over the delay in trial. 

"This is the only trial in the country where prosecution has objections to applications filed under sec. 207 CrPC and they are filing replies," Rizwan said.
"If it is still stuck at this stage, the trial will take ages," he added.

On the other hand, Special Public Prosecutor Amit Prasad objected to the aforesaid submission. However, in order to expedite the trial, the Court said that the Prosecution will file replies with regards to only those documents which cannot be be given to the accused with reasons to be given as to why the same cannot be done. 

The FIR contains stringent charges including Sections 13, 16, 17, 18 of the UAPA, Sections 25 and 27 of the Arms Act and Section 3 and 4 of the Prevention of Damage to Public Property Act,1984. The accused are also charged under various offences mentioned under the Indian Penal Code, 1860.

In September last year, main charge sheet was filed against Pinjara Tod members and JNU students Devangana Kalita and Natasha Narwal, Jamia Millia Islamia student Asif Iqbal Tanha and student activist Gulfisha Fatima.

Others who were charge-sheeted included former Congress Councilor Ishrat Jahan, Jamia Coordination Committee members Safoora Zargar, Meeran Haider and Shifa-Ur-Rehman, suspended AAP Councilor Tahir Hussain, Umar Khalid, Shadab Ahmed, Tasleem Ahmed, Salim Malik, Mohd Salim Khan and Athar Khan.

Thereafter, a supplementary charge sheet was filed in November against former JNU student leader Umar Khalid and JNU student Sharjeel Imam in a case related to the alleged larger conspiracy in the communal violence in northeast Delhi in February.

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