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Police get 2 months to file charge sheet in N-E riots conspiracy case
Some of them were Ishrat Jahan, Khalid Saifi, Safoora Zargar, Gufisha Fatima, Natasha Narwal, Devangana Kalita and Tahir Hussain who had been arrested under the Unlawful Activity Prevention Act (UAPA) and are lodged in jail.
A Delhi court granted two months to the Special Cell of the Delhi police to file the charge sheet in an FIR they have registered to prove the conspiracy behind the riots in north-east Delhi. The Delhi police’s special cell had named students, social activists and a local ward councillor as main accused persons of the case.
Some of them were Ishrat Jahan, Khalid Saifi, Safoora Zargar, Gufisha Fatima, Natasha Narwal, Devangana Kalita and Tahir Hussain who had been arrested under the Unlawful Activity Prevention Act (UAPA) and are lodged in jail.
The police, in the FIR, had also named former JNU student Umar Khalid, however, he had not been arrested till now. Khalid has been denying the charges against him.
The police had approached the court seeking more time, saying that they were unable to complete the investigation due to the lockdown and would require more time to file its report in the court.
According to the Special Cell’s submissions in the court, Umar Khalid along with the accused had hatched conspiracy to orchestrate riots just before the visit of the US President Donald Trump on February 24-25.
Besides, the case by the Special Cell, the crime branch and the local police have already filed nearly 100 charge sheets in connection to the riots.
While in general cases, the charge sheets are filed within 90 days, in cases related to the UAPA, the final report can be filed within 180 days of arrest of the accused failing which the accused person is entitled to bail.
“ ……….I am of the opinion that the reason cited by the additional public prosecutor in the case at hand are of valid reasons…..,” Additional Sessions Judge Dharmendra Rana said.
The court noted that the investigation by the police and the application seeking extension mentioned that large number of call detail records and emails of the accused have to be analysed. It also said that the contention of the defense that the report of the prosecution fails to meet the requirement is bereft of merit and thus deserves to be dismissed.
On Monday, the Public Prosecutor Irfan Ahmed, appearing for the Special Cell, told the court that some of the key conspirators are yet to be arrested and efforts are being made to identify and arrest the other accused. He said that due to the lockdown, the relevant data from mobile phone of one of the accused, Khalid Saifi could not be recovered as an expert technician could not be reached due to the lockdown.
He also stated that efforts are being made to get the mobile phone opened through authorized service station so that data could be extracted and examined to complete the chain of investigation. He said that so far the investigation reveal that there was a deep rooted conspiracy and to unearth that, arrests of remaining accused is important to investigate the case from all possible angles so that a “fair, logical and impartial charge sheet could be filed before the court”.
He said that the certified copy of call detail records of the accused are still awaited and it is to be examined for the purpose of investigation.
Ahmed also told the court that it is also yet to obtain sanctions from the Department of Prosecution of the Delhi government to prosecute the accused (seven) under the UAPA Act. Delhi police is required to take sanctions from the city government before prosecution under the UAPA act.
He sought that the police be granted time till September 17 to file the charge sheets.
Opposing the plea, the counsels for the accused contended that their clients have been implicated and there is no evidence with the Delhi police which is why it is seeking time to file the charge sheets.
Advocate Mahmood Pracha, who appeared for one of the accused—Gulfisha Fatima—said that even the FIR does not mention the name of her client, and this is a false case by the prosecution.
Meanwhile, the Delhi High Court has designated four special courts at the Karkardooma Court complex for hearing the cases related to the riots. In a circular, the high court has designated two sessions and two magisterial courts for trial.
Also on Tuesday, a city court posted the cognizance of charge sheet against former AAP councillor Tahir Hussain for Wednesday following the HC’s order. The city police had charged Hussain for leading and instigating the murder of Ankit Sharma, IB official.
The matter would be now heard on Wednesday.
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