The Delhi high court is to give its verdict on Monday, on a plea of the National Investigation Agency (NIA) against a trial court order to drop stringent penal charge of 'waging war against the government' against an accused in the case of terror attack in its premises.
A bench of justices Sanjiv Khanna and SP Garg had reserved its verdict earlier on the NIA's plea for reversal of the lower court order to drop charges against Wasim Akram Malik under sections 121, 121A and 122 of the IPC, dealing with conspiracy, waging war against the government and collecting arms and ammunitions for the purpose.
The charge under section 121 (waging war against India) attracts death penalty as the maximum punishment.
Malik is facing trial in the September 7 terror attack that had killed 15 people and injured 79 people last year outside the high court in New Delhi.
In its plea, the NIA had said, "The special court did not appreciate the fact that in the present case an institution like the Delhi high court was a target of the terror act and as per the appellant's respectful submission, it amounts to waging war against government of India and is punishable under Sections 121 and 121A of IPC."
The special court, on September 4, had framed charges in the case, but had dropped the stringent charges against Malik saying more evidence was required to frame charges under those provisions.
"These offences (relating to waging war against country) require something more than the one which is available against the accused in this case. Merely because a bomb had exploded outside the Delhi high court and in the e-mail, there was a reference of release of Afzal Guru, it does not mean that these three offences (of waging war against country) are made out," the lower court had said.
They subsequently conspired to carry out the attack before CWG on anniversary of Batla House encounter on September 19, 2010 and decided to cause blast and simultaneously shot at foreign tourists in Jama Masjid area, the charge sheet said.
Hassan was arrested early this year by Bangalore ATS along with co-accused Kafil Akhtar for their roles in Chinnaswamy stadium blast. He was booked for various offences under the IPC including waging war against India and also under the Explosive Substances Act and the Unlawful Activities Prevention Act.
The duo were then handed over to Delhi Police as they were wanted in the Jama Masjid shootout case and for allegedly running an arms factory in Meer Vihar here.
Prior to the arrest of Hassan and Akhtar, a total of 13 IM men -- Mohd Irshad Khan, Asadullah Rehman, Mohd Adil, Bashir Hasan, Abdul Rehman, Mohd Kafil, Mohd Quateel Siddiqui, Gauhar Aziz, Gayur Ahmed, Mohd Aftab Alam and Tariq Anjum Ahsan and Mohd Shakeel were arrested by the Delhi Police for their alleged role in various terror strikes across country.
Of the 15, Quateel Siddiqui died in Pune jail when he was in custody of Pune ATS.