North East Delhi violence: Police opposes pleas seeking status of investigation before arguments on charges

Sep 19, 2023

New Delhi [India], September 19 : Delhi police on Tuesday opposed the pleas seeking the status of investigation of the larger conspiracy of the Delhi riots case, saying that there is no provision in law in which the accused may ask for the overall status of the investigation or timeline for its completion.
Some of the accused including Meeran Haider, Natasha Narval, and Devangna Kalita have moved applications seeking the status of the investigation in this case before they begin arguments on charges.
Special public prosecutor (SPP) Amit Prasad made the submission before the Karkardooma Court on Tuesday.
SPP Amit Prasad submitted that the applications are an attempt to derail the trial. There is no provision in the law that asks for the overall status of the investigation. These applications are presumptive as the accused persons assume that something will happen.
SPP for Delhi police submitted that it's right for investigation cannot be curtailed. “Even the apex court asks for the timeline for completion of the investigation,” he said.
He also said that Delhi police has filed the main charge sheet and disclosed the evidence against the accused persons and they also have argued at length during arguments on bail.
"Whenever a supplementary charge sheet was filed, case diary was inspected by the court," the SPP argued. The case diary is before the Court, he added.
The investigation agency has a right to investigate and collect evidence, he added.
The SPP also submitted that the applications not contain any provision of law. These applications can only be entertained if there is a provision of law. These applications can't be entertained without a provision of law. There is no provision of law to ask the status of the overall status.
The accused persons had a right to challenge the supplementary charge sheet but they did not avail the remedy, the SPP said. They did wait for 40 days and moved the applications when the arguments on charges were to begin, he added.
The court will hear the further arguments by the SPP on September 22
Former JNU student Umar Khalid and EX MCD Councillor Tahir Hussain had on Monday said in Karkardooma Court that they want arguments on the charge to begin by the Prosecution in larger Conspiracy of Delhi riots 2020 case.
Some of the accused persons have moved pleas seeking direction to Delhi police on the point of completion of the investigation before commencing hearing the arguments on charges.
Accused Saleem Khan and counsels for Tasleem Ahmed, Umar Khalid and Tahir Hussain on Monday submitted before Additional Sessions Judge (ASJ) Amitabh Rawat of Karkardooma Court that they want Prosecution to begin arguments on charges.
On the other hand, the accused Meeran Haider's Counsel moved an application seeking necessary directions to the investigating agency regarding its ongoing investigation prior to the commencement of arguments on charge or discharge.
Another application has been moved on behalf of accused Athar Khan. He has sought deferment or adjournment of the arguments on charge in the present case till the completion of the investigation by the complainant agency.
The court heard the arguments of accused persons in their applications.
Counsels for accused persons namely Khalid Saifi, Faizan Khan, Ishrat Jahan, Sharjeel Imam, Safoora Zargar, Saleem Malik alias Munna, Shifa-ur-Rehman, Shadab Ahamd and Gulfisha Fatima submitted that they adopt arguments done by accused persons who have moved applications, the court noted.
At this point, accused Saleem Khan and the Counsels for the accused persons namely Tasleem Ahmad, Umar Khalid and Tahir Hussain submitted that they want arguments on a charge to begin by the prosecution.
The court granted time to the prosecution to argument on the applications of accused persons namely Asif Iqbal Tanha, Devangana Kalita, Natasha Narwal, Athar Khan and Meeran Haider on Tuesday.
Delhi's Karkardooma Court is to begin hearing arguments on charges against Umar Khalid, Sharjeel Imam, Tahir Hussain and other accused persons on a daily basis in a larger Conspiracy case.
A date was also fixed for hearing arguments on September 11. However, some of the accused moved applications on the point of completion of the investigation before commencing arguments on charge.
The first charge sheet was filed around three years back in September 2020.
This case pertains to an alleged larger conspiracy of the Delhi riots of 2020 lodged under the stringent anti-terrorist law Unlawful Activities Prevention Act (UAPA) and several sections of the Indian Penal Code.
In this Delhi police had filed the first charge sheet on September 16, 2020. Since then five supplementary charge sheets have been filed. The matter was at the stage of scrutiny of documents supplied along with charge sheets.
The court listed the matter for arguments on charge after the completion of scrutiny of documents by all accused persons.
In this case, 20 persons including Umar Khalid, Sharjeel Imam, Tahir Hussain, Natasha Narwal, Devangna Kalita, Safoora Zargar, Ishrat Jahan and others have been arrayed as accused. Two accused persons Suleman Siddiqui alias Salman and Amanullah have been declared proclaimed offenders in 2020.
All the accused persons were charge-sheeted under stringent law UAPA for the alleged larger Conspiracy of the Delhi riots.
Natasha Narwal, Devangna Kalita, Safoora Zargar, Ishrat Jahan and Asif Iqbal Tanha are on bail in this case.
Other accused persons namely Tahir Hussain, Umar Khalid, Sharjeel Imam and others are in judicial custody.