Delhi Riots: Delhi Court expresses concern over Delays in Conspiracy Trial

Oct 1, 2021 #DELHI COURT #Delhi Riots #Trial
Delhi Riots Law Insider IN

Aishwarya Rathore

Published On: October 1, 2021 at 11:30 IST

A Delhi Court observed that if all of the accused file separate pleas on different dates in order to scrutinise the voluminous charge sheet and the prosecution chooses to respond to each of them, the Trial Proceedings in the Delhi Riots will be significantly delayed.

Additional Sessions Judge Amitabh Rawat remarked, “If all the accused file such applications separately and on different dates, and if the prosecution files replies to each one of them and then arguments are heard on them. This will take years. It will become very difficult.”

Former JNU Student Union Leader Umar Khalid and Former Councillor Tahir Hussain are among the 21 accused in the Conspiracy Case, who have been charged under the stringent Unlawful Activities Prevention Act for allegedly conspiring to instigate the Riots in February 2020.

Advocate Rizwan, appearing for Hussain, claimed, “This was the only Trial in the country where the prosecution had objections to please filed under Section 207 of the Criminal Procedure Code and they were filing replies.”

Special Public Prosecutor Amit Prasad objected to this assertion and questioned Rizwan if he had filed any such application yet.

To this, Rizwan said, “I (Hussain) am the accused. I have the right to evidence that they (prosecution) are not relying upon. It has been more than a year now. If it is still stuck at this stage, the Trial will take ages.”

Accordingly, the Court directed the Prosecution to file replies solely for those documents which can’t be given and give reasons why they can’t be given.

Also Read: Trial and Court Process in Riot cases

Unlawful Activities (Prevention) Act: Recent Judgments

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