Delhi Court Clears Path for Charge Framing in 2020 Northeast Delhi Riots Case

A court has authorized the prosecution to begin presenting arguments on the framing of charges against the accused in the alleged larger conspiracy behind the 2020 northeast Delhi communal riots starting September 5.

Court Decision on Accused's Pleas

On Wednesday, Additional Sessions Judge Sameer Bajpai dismissed the applications filed by accused individuals Athar Khan, Asif Iqbal Tanha, Meeran Haider, Natasha Narwal, and Devangana Kalita. These pleas had requested the Delhi Police to confirm whether the investigation in the case was complete. The accused argued that, according to the final reports filed by the city police, the investigation was ongoing and the court could not proceed with the charge framing until it was finished.

Judge’s Remarks on Investigation Status

"The situation here is a bit peculiar," the court noted, as the prosecution had indicated in the last supplementary chargesheet that the investigation was still ongoing and that the results would be submitted in due course. Referring to a February 2023 Delhi High Court verdict, Judge Bajpai stated that after filing the chargesheet, the court could question the prosecution about whether the chargesheet was final and whether the case was ready for charge arguments.

Court’s Order on Arguments

The judge pointed out that the prosecution had stated in its written submissions that the investigation concerning the accused persons was complete, implying that the investigation was finished for all accused individuals named in the chargesheet up to that date. "And as such the prosecution has disclosed that the investigation is complete and the matter is ripe for hearing arguments on charge," the judge explained.

The court then scheduled the matter for hearing arguments on charges for Thursday, allowing the prosecution to commence its arguments at the next hearing.

Special Public Prosecutor’s Statement

Special Public Prosecutor Amit Prasad had previously asserted that there was ample material for the court to proceed with the case and claimed that the applicants were unnecessarily delaying proceedings by filing these pleas.

Background of the Case

The FIR for this case was filed on March 6, 2020, with the UAPA provisions invoked on April 19, 2020. The main chargesheet was submitted on September 16, 2020, followed by four supplementary chargesheets. Twenty individuals, including the five applicants, activists Sharjeel Imam, Khalid Saifi, and former AAP councillor Tahir Hussain, have been charged under the UAPA and several sections of the Indian Penal Code (IPC). They are accused of being the "masterminds" behind the February 2020 riots, which resulted in 53 deaths and over 700 injuries. The case is under investigation by the Delhi Police Special Cell. The violence occurred during protests against the Citizenship (Amendment) Act (CAA) and the National Register of Citizens (NRC) while then-US President Donald Trump was visiting India.