Delhi Riots: High court stays trial in conspiracy case after cops’ plea

The court had on October 9 directed police to file fresh copies of chargesheet after it was informed they “had inadvertently” put a document in it, containing details of some of the protected witnesses and its copies were supplied to the accused booked under the stringent Unlawful Activities (Prevention) Act.

The Delhi high court has stayed the trial in the conspiracy case related to the north-east Delhi riots after the police filed a plea challenging a city court’s order directing them to supply physical copies of the charge sheet to all the 15 accused.

Damaged vehicles which were set fire during the Delhi riots seen dumped inside a parking lot six months after the North-East Delhi riots, at Shiv Vihar, in New Delhi. (Sanchit Khanna/HT PHOTO)

Issuing notice to the accused, Justice Suresh Kait said in his order on November 10, “Till further order, trial is stayed. However, the trial court is at liberty to decide any application whatsoever kind.” The matter has been posted for further hearing on December 15.

In its plea filed through special public prosecutor (SPP) Amit Prasad, the Delhi police special cell challenged the legality and validity of the orders passed on September 21 and October 21 by additional sessions judge Amitabh Rawat. Police said the document runs over 17,500 pages and the direction was passed in a “mechanical manner”.

The court had on October 9 directed police to file fresh copies of the chargesheet after it was informed they “had inadvertently” put a document in it, containing details of some of the protected witnesses and its copies were supplied to the accused booked under the stringent Unlawful Activities (Prevention) Act.

It had directed the police to file fresh copies, redacting details of the protected witnesses and supply it to the 15 persons charge sheeted in the case and their counsel.

On October 21, the court was informed by the investigating officer (IO) that he submitted 16 new pen drives containing the redacted version and accompanying documents. However, the court said both hard and soft copies of the fresh charge sheet should be given.

The judge said it was not impressed with the IO’s submission, who had sought 15 days to get funds from the Delhi government to take out hard copies. The judge had directed the police to supply the documents at the earliest.

Challenging these orders, the police said the mandate of law under section 207 of CrPC is to provide “copy” of each of the report/ statements/ document subject to reasonable exception. They said the law does not specify supply of “hard copy” or “soft copy” nor does it draw any distinction between them.

The police had on September 16 filed a charge sheet against the 15 accused -- Pinjra Tod members and JNU students Devangana Kalita and Natasha Narwal, Jamia Millia Islamia student Asif Iqbal Tanha, Gulfisha Khatoon, former Congress Councillor Ishrat Jahan, Jamia Coordination Committee members Safoora Zargar, Meeran Haider, Shafa-Ur-Rehman, suspended AAP Councillor Tahir Hussain, activist Khalid Saifi, Shadab Ahmed, Tasleem Ahmed, Salim Malik, Mohd Salim Khan and Athar Khan -- for allegedly being part of a larger conspiracy in the riots.

Communal violence had broken out in north-east Delhi on February 24 left 53 people dead and 607 injured.