Court concerned at delay in Delhi riots conspiracy trial

“If all the accused file such applications separately and on different dates, and if the prosecution files replies to each one of them and then arguments are heard on them…This will take years. It will become very difficult,” the judge remarked.

A city court on Thursday observed that the trial proceedings in the larger conspiracy case related to the north-east Delhi riots will be delayed inordinately if all the accused file separate pleas on different dates seeking to scrutinise the voluminous charge sheet, running into more than 17,000 pages, and the prosecution chooses to reply to each of them.

Among the 21 accused in the larger conspiracy case are former JNU student union leader Umar Khalid and former councillor Tahir Hussain, who have been booked under the stringent UAPA for allegedly conspiring to orchestrate the riots in February 2020. (AP)

Additional sessions judge Amitabh Rawat noted that a few applications have been filed by the accused in the case seeking the requisite documents.

“If all the accused file such applications separately and on different dates, and if the prosecution files replies to each one of them and then arguments are heard on them…This will take years. It will become very difficult,” the judge remarked.

Among the 21 accused in the larger conspiracy case are former JNU student union leader Umar Khalid and former councillor Tahir Hussain, who have been booked under the stringent Unlawful Activities Prevention Act (UAPA) for allegedly conspiring to orchestrate the riots in February 2020.

During the hearing, advocate Rizwan, appearing for Hussain, claimed that this was the “only trial in the country where the prosecution has objections to pleas filed under Section 207 CrPC and they are filing replies”.

Section 207 of the Code Of Criminal Procedure pertains to the supply to the accused copies of the police report, recorded statements of all prosecution witnesses and other documents that they may seek through the magistrate/judge hearing the case.

Special public prosecutor Amit Prasad, appearing for the police, objected to this remark and asked Rizwan if he had filed any such application yet.

To this, Rizwan said, “I (Hussain) am the accused. I have the right to evidence that they (prosecution) are not relying upon. It has been more than a year now. If it is still stuck at this stage, the trial will take ages,” he said.

The court told the prosecution to file replies only for those documents which can’t be given and give reasons why they can’t be given. “This is to expedite the trial,” the judge said.