Delhi riots trial set to get back on track

The Delhi high court on Wednesday notified the transfer of additional sessions judge (ASJ) Sameer Bajpai back to the Karkardooma court

The protracted trial in the 2020 northeast Delhi riots larger conspiracy case is expected to regain momentum after the Delhi high court on Wednesday notified the transfer of additional sessions judge (ASJ) Sameer Bajpai back to the Karkardooma court, where the case is being heard.

ASJ Bajpai, who presided over the matter for over a year, was transferred out last month in a sweeping reshuffle of over 130 judges across Delhi’s district courts. (Representative photo)

ASJ Bajpai, who presided over the matter for over a year, was transferred out last month in a sweeping reshuffle of over 130 judges across Delhi’s district courts. His replacement, ASJ Lalit Kumar, had only recently taken charge at Karkardooma. But with Wednesday’s order, Kumar has now been posted to the Saket court as a fast-track court judge, with Bajpai returning to Karkardooma.

In a report on June 3, HT highlighted that the reshuffle caused concern among prosecutors and defence lawyers, who warned that the trial, already delayed for years, may further be derailed. With a new judge in place, the entire process of presenting the Delhi Police’s voluminous 17,000-page charge sheet and arguments on framing of charges would have had to restart, potentially pushing back the proceedings by several months.

ASJ Bajpai had taken over the case in December 2023, succeeding ASJ Amitabh Rawat, and had heard arguments on charges against five of the 18 accused, including former municipal councillor Tahir Hussain, and activists Khalid Saifi, Gulfisha Fatima, Tasleem Ahmed and Safoora Zargar.

With Bajpai’s return, defence lawyers confirmed that the five accused will not have to present their arguments again. “This effectively saves at least five months,” said a defence lawyer, requesting anonymity. “In his last hearing before being transferred, Bajpai had fixed the date for the sixth accused, Shifa-ur-Rehman’s arguments. That schedule can now continue,” the lawyer added.

A second defence lawyer said: “We hope the charge arguments can now be wrapped up quickly and the trial can finally begin, especially since delays in providing documents have already caused significant setbacks.”

In the last hearing, ASJ Kumar had asked both the prosecution and the defence to propose a tentative timeline for completing arguments on charges, expressing concern about the prolonged pendency of the case.

Of the 18 accused in the larger conspiracy case, six, including Pinjra Tod members Natasha Narwal and Devangana Kalita, are currently out on bail. The rest remain in judicial custody. Bail petitions filed by key accused Umar Khalid and Sharjeel Imam are still pending before the Delhi high court.

The conspiracy case is among the most significant stemming from the February 2020 communal riots in northeast Delhi, which claimed 53 lives and injured hundreds. Prosecutors allege that the violence was the result of a premeditated conspiracy orchestrated by anti-CAA protest leaders—an allegation the accused and their lawyers strongly deny, calling it a bid to criminalise dissent.

Background and delays

To be sure, despite nearly five years having elapsed since the Delhi Police filed the main charge sheet in September 2020, the trial is yet to commence since penal charges have not been formally framed in the matter.

The accused have been charged under the Unlawful Activities (Prevention) Act for allegedly orchestrating a “larger conspiracy” behind the anti-CAA protests, which the police claim triggered the riots. In October 2023, the trial court directed that the arguments on charges be conducted on a day-to-day basis in an attempt to speed up the proceedings.

While the prosecution has often blamed the defence for the delay, citing multiple applications under Section 207 CrPC (for the supply of documents), the defence maintains that prolonged pretrial detention and procedural lapses by the state are to blame. In April 2023, the prosecution handed over key case documents nearly a year after applications were filed, further stalling the trial.

Meanwhile, the Delhi high court, in a September 2023 order, allowed the trial court to continue hearing arguments but restrained it from issuing final orders on charge. That restriction was imposed after student activist Devangana Kalita sought full access to case records. The matter is next scheduled to be heard on September 15.