In yet another example of judicial apathy, a decade old trespassing case in which charges were framed against eight men in 2010, has been sent back to the trial court for a rehearing.
Interestingly, the maximum punishment for trespassing on property is one year or a fine of Rs 2,000. However, the matter has been going on for 10 years.
Additional sessions judge Sanjay Sharma said, “The trial court directed framing of charges against the revisionist (eight accused) by a non-speaking order.” In an unprecedented move, the trial court judge continued the hearing without proper identification of the accused during investigation. This, despite the fact the accused were arrested almost immediately after the incident. Moreover, the court did not give any reasons to show that prima facie the case is made to frame charges.
The judge said the trial court did not record even a single argument of the defence counsel nor does it contain any reasons for directing framing of charges against the accused.
According to the prosecution, an FIR was registered on the complaint of sub-inspector Pawan Kumar on December 22, 2000, stating that Sajid Hussain, Maushad Raza, Bobby, Parvez Raza, Javed Raza, Sajid Ali, Tanvir Abbas and Shammi, trespassed on school property in Rashid Market, east Delhi, and damaged the property. The accused were later granted bail.
The accused, through their counsel RN Zaidi, approached the sessions court, challenging the order.