Image Courtesy:thehindu.com
The Delhi High Court in State v Tahir Hussain and Ors (Crl. MC. 2119 of 2020), has passed an order putting a stay on the trial against the accused in the alleged conspiracy case that led to the North East Delhi violence.
Additional Solicitor General S.V Raju and Special Public Prosecutor Amit Prasad represented the Delhi Police.
Justice Suresh Kumar Kait said in his November 10 order, “Till further order, trial is stayed, however, Trial Court is at liberty to decide any application whatsoever kind.”
The court has also granted time to the accused to file their responses. The matter will be next heard on December 15, 2020.
The Delhi Police had filed a plea challenging the Trial Court order directing it to provide physical copies of the chargesheet along with all supporting documents to the accused.
It submitted that the police report was about 2,700 pages and other documents including witness statements were running into 18,000 pages. The plea of the police further stated that pen drives have been provided to all accused in the riots and that under a proviso if any document was voluminous, then instead of furnishing a copy, the court could direct that the person be allowed to inspect it either personally or through a pleader in court.
But the Additional Sessions Judge Amitabh Rawat in his October 21, 2020 order directed the Investigating Agency to provide physical copies of chargesheet and accompanying documents to every accused person without fail as mandated by section 207 of the Code of Criminal Procedure.
The Judge explained further that, “The Investigating Agency is duty bound to supply hard copy of the chargesheet with accompanying documents to the accused. The soft copy is a copy made available for the benefit of the accused/counsel. Accordingly, the court also cannot ask for supply of soft copies in the particular manner which is more comfortable of handy to him.”
On September 16, the Delhi Police had charge sheeted Khalid Saifi, Pinjra Tod members and JNU students Devangana Kalita and Natasha Narwal, Gulfisha Khatoon, Jamia Coordination Committee members Safoora Zargar, Meeran Haider, Shafa-Ur-Rehman, suspended AAP Councillor Tahir Hussain and seven others blaming them for being participants of a larger conspiracy in the communal violence of February 2020.
The Delhi HC order may be read here:
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