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Delhi riots: Chargesheet filed against Umar Khalid, Sharjeel Imam

While the court decided to proceed Khalid, Imam and Khan for the offences under the Unlawful Activities (Prevention) Act, it did not take cognisance of the offences of sedition, criminal conspiracy and “some other charges” under the Indian Penal Code as certain “sanctions were awaited”.

Delhi riots: Chargesheet filed against Umar Khalid, Sharjeel Imam-dnm
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Delhi, First Published Nov 25, 2020, 3:22 PM IST

A Delhi court on Tuesday accepted the fresh supplementary chargesheet filed by Delhi Police against student activists Umar Khalid, Sharjeel Imam and Faizan Khan in connection with the violence that broke out in North East Delhi in February, reported PTI. 

Additional Sessions Judge Amitabh Rawat said there was sufficient material to proceed against the accused, all of whom have been charged under the stringent Unlawful Activities (Prevention) Act in what is known as the Delhi riots conspiracy . They have also been booked under the Arms Act, and Prevention of Damage to Public Property Act.

While the court decided to proceed Khalid, Imam and Khan for the offences under the Unlawful Activities (Prevention) Act, it did not take cognisance of the offences of sedition, criminal conspiracy and “some other charges” under the Indian Penal Code as certain “sanctions were awaited”.

Judge Rawat, therefore, took cognisance of the offences under sections 13 (unlawful activities), 16 (terrorist act), 17 (raising funds for terrorist act), 18 (conspiracy) of the UAPA. The accused have also been chargesheeted under sections 147 and 148 (rioting), 149 (unlawful assembly), 186 (instructing public servant), 201 (disappearance of evidence) of the Indian Penal Code.

The court further took cognisance of offences under sections 212 (harbouring offender), 295 (destruction of place of worship), 302 (murder), 307 (attempt to murder), 341 (wrongful restraint), 353 (assault to deter public servant), 395 (dacoity), 419 (cheating), 420 (cheating), 427 (mischief), 435 (mischief by fire), 436 (mischief by fire), 452 (house trespass), 454 (house breaking), 468 (forgery), 471 (using forged document as genuine) and 34 (common intention) of IPC and under relevant sections of the Arms Act and Prevention of Damage to Public Properties Act. 

The court directed the police to give soft copies of the supplementary chargesheet to the counsel for the accused on December 2. However, it did not allow them to submit physical copies to the accused.

The court directed the police to supply soft copies of the supplementary charge sheet to the counsel for the accused on December 2.

It further said physical copies cannot be supplied to the accused at this point in wake of a recent order of the Delhi High Court staying the trial in the matter.

The court put up the matter for further hearing on December 22.

The high court had on November 11 stayed the trial of the conspiracy case after a plea was filed by the police challenging the order of the city court directing them to supply physical copies of the charge sheet to all the accused.

It, however, had said the trial court is at liberty to decide any application in the case and put up the matter for further hearing on December 15. 

The trial court had on October 21 refused to grant time to the police to obtain funds'' sanction to provide to the accused hard copies of the voluminous charge sheet and directed to provide the same.

The police has challenged the order before the high court.

The soft copies of the main charge sheet, running over 17,000 pages, have been supplied to 15 accused persons but hard copies were not given to them.

The main charge sheet was filed in September against Pinjra Tod members and JNU students Devangana Kalita and Natasha Narwal, Jamia Millia Islamia student Asif Iqbal Tanha and student activist Gulfisha Fatima.

Others who were charge-sheeted included former Congress Councillor Ishrat Jahan, Jamia Coordination Committee members Safoora Zargar, Meeran Haider and Shifa-Ur-Rehman, suspended AAP Councillor Tahir Hussain, activist Khalid Saifi, Shadab Ahmed, Tasleem Ahmed, Salim Malik, Mohd Salim Khan and Athar Khan.

Communal violence had broken out in northeast Delhi on February 24 after clashes between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and around 200 injured. 

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