Delhi Riots UAPA Case: Arguments On Charge Commences As Police Says Investigation Complete Qua All Accused

Arguments in the 2020 Delhi riots larger conspiracy case have commenced from today as the Delhi Police has informed Delhi Court that investigation qua all the accused persons is complete.

Additional Sessions Judge Sameer Bajpai of Karkardooma Courts noted that the prosecution has disclosed that the investigation is complete qua all accused persons and the matter is ripe for hearing arguments on charge.

“It is, thus, ordered that the prosecution may start addressing arguments on charge on the next date of hearing when the case is already fixed,” the court said. 

The court disposed of applications moved by four accused persons- Athar Khan, Asif Iqbal Tanha, Meeran Haider and Natasha Narwal and Devangana Kalita, seeking directions to ask the Delhi Police to disclose if the investigation is complete, so that the court can proceed with the arguments on charge.

The Delhi Police opposed the applications stating there is no restriction on the number of filing of supplementary chargesheets and the investigating agency can file any number of chargesheets, if the same are required keeping in view the facts and circumstances of the case.

It further said there was sufficient material and evidence on record for commencing arguments on charge but the accused persons were delaying the arguments by pressing the applications.

The judge agreed with Delhi Police's submission that even after filing the chargesheet or police report under Section 173 (2) of Cr.P.C, supplementary chargesheets can be filed.

“The provision, however, makes it clear that the only restriction with the investigating agency is that the supplementary charge sheets can be filed only with regard to the material or evidence which is collected afresh and not on the basis of the evidence which is already there in the possession of the investigating agency. Thus, even after filing of the main charge-sheet, if the investigating agency comes across fresh evidence, it is within its rights to file supplementary charge-sheets on the basis of the newly collected evidence,” the court said.

Co-accused Khalid Saifi, Faizan Khan, Ishrat Jahan, Sharjeel Imam, Safoora Zargar, Saleem Malik, Shifa-ur-Rehman, Shadab Ahamd and Gulfisha Fatima had submitted that they adopt the arguments made by those who moved the applications in question.

On the other hand, accused Saleem Khan, Tasleem Ahmad, Umar Khalid and Tahir Hussain had taken a stand that they want the arguments on charge to begin by the prosecution.

About the Applications 

In their application, Kalita and Narwal had sought a direction on the Delhi Police to state on record the status of investigation in the case and also to indicate when the probe will be completed. They had prayed that the probe agency be permitted to proceed to the stage of arguments on charge only after filing of a report before court.

Similarly, Tanha, apart from seeking status of the investigation, also sought a direction on the Delhi Police to indicate a timeline as to when the probe will be completed. He had also prayed the investigating agency to state on record that the investigation qua him stands completed, prior to advancing arguments on charge.

On the other hand, Meeran Haider had submitted that the Delhi Police was “sitting on material for years” and has been filing supplementary chargesheets on that same material, which is impermissible.

Haider had specifically referred to the fourth supplementary chargesheet filed by the Delhi Police regarding certain voice samples qua him. It is his case that 70-80% of the material in the said supplementary chargesheet is something that the investigating agency has been sitting for years and that there is no explanation for such conduct.

FIR 59 of 2020 is being probed by Delhi Police's Special Cell. The case has been registered under various offences under the Indian Penal Code, 1860 and the Unlawful Activities (Prevention) Act, 1967.

The accused in the case are Tahir Hussain, Umar Khalid, Khalid Saifi, Isharat Jahan, Meeran Haider, Gulfisha Fatima, Shifa-Ur-Rehman, Asif Iqbal Tanha, Shadab Ahmed, Tasleem Ahmed, Saleem Malik, Mohd. Saleem Khan, Athar Khan, Safoora Zargar, Sharjeel Imam, Faizan Khan and Natasha Narwal.

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