A Delhi court will restart arguments on charges in the controversial ‘Delhi riots larger conspiracy case’ due to recent judicial transfers in the Higher Judiciary, even though the prosecution and five accused had already completed their arguments on the point of charge.
This comes after an administrative order by the Delhi High Court recently transferred 135 judges, including Additional Sessions Judge Sameer Bajpai, who had been extensively hearing the UAPA case since last year.
The case, initially overseen by Additional Sessions Judge Amitabh Rawat, later saw ASJ Sameer Bajpai presiding over the arguments on charge.
Following a recent judicial reshuffle that transferred 135 judges, including ASJ Bajpai, the case will now be heard afresh by Additional Sessions Judge Lalit Kumar.
This development necessitates the prosecution to present the extensive 17,000-page chargesheet again, as well as other relevant documents, to the new judge.
Notably, the prosecution had already completed its arguments, and five accused had also concluded their submissions on the point of charge before this transition.
A Delhi court on Monday emphasised the need to expedite arguments in the Delhi riots larger conspiracy case, noting that considerable time had already lapsed.
The matter was heard by the new judge, who directed both the prosecution and the defence counsel to submit a detailed schedule outlining the timeframe and duration of their arguments.
“Ld. SPP and the counsels for the accused persons shall supply the schedule of arguments to each other,” the Court said.
The matter will next be heard on June 6.
The case pertains to FIR 59 of 2020 and involves 18 accused, including Tahir Hussain and Umar Khalid, charged under various sections of the Indian Penal Code, 1860, and the draconian Unlawful Activities (Prevention) Act (UAPA), 1967.
The list of accused includes rights defenders Tahir Hussain, Umar Khalid, Khalid Saifi, Ishrat Jahan, Meeran Haider, Gulfisha Fatima, Shifa-Ur-Rehman, Asif Iqbal Tanha, Shadab Ahmed, Tasleem Ahmed, Saleem Malik, Mohd. Saleem Khan, Athar Khan, Safoora Zargar, Sharjeel Imam, Faizan Khan, and Natasha Narwal.
While some accused have been granted bail, many remain jailed under the draconian UAPA since 2020. Rights organisations, including UN Rights, and Opposition parties have called the case a vendetta against dissent and continue to demand the release of all those imprisoned.
This is the second delay caused by a judge transfer; the case was earlier reassigned from ASJ Amitabh Rawat in December 2023. Since the prosecution and five accused had already completed their arguments, the process will now have to be repeated, further prolonging the trial for many accused who remain in jail without trial or bail.
The Delhi anti-Muslim pogrom resulted in the deaths of 53 people, 38 of whom were Muslims. However, rather than holding accountable those who incited and carried out the violence, the state has largely targeted activists and protestors who had peacefully opposed the Citizenship (Amendment) Act (CAA).
