New Delhi: The Delhi Police on Thursday termed as "malafide" and filed with "clear intention to delay trial" applications filed by some of those accused of hatching the conspiracy behind the 2020 North East Delhi riots. who sought to know the status of the investigation. if.
Additional Sessions Judge Sameer Bajpai was hearing four applications filed by accused Devangana Kalita, Natasha Narwal (combined application), Asif Iqbal Tanha, Meeran Haider and Athar Khan.
"There is no legal provision to grant relief and these applications were filed with the clear intention of delaying the trial," said special prosecutor Amit Prasad.
"The trial has already been delayed (due to these applications) to date," Prasad said, adding that "the judgments relied upon by the petitioners do not help their case."
Citing a judgment of the Delhi High Court, he said the right of the prosecution to conduct further investigation is an unfettered right.
Prasad also cited a Supreme Court verdict that once the chargesheet is filed under the provisions of the Criminal Procedure Code (CrPC), the trial can continue without waiting for the supplementary chargesheet.
"The prosecution concludes its case by saying that the defendants' requests are in bad faith and are intended to delay the trial," he said.
The court posted the matter for further proceedings on August 8.
On August 5 last year, the predecessor court had set the date for daily hearings on arguments on the charges, after which, on September 11, when the prosecution was about to begin arguments, Kalita's lawyers and Narwal (combined) and Tanha had raised an objection that the prosecution needed to disclose the status of the investigation.
The court subsequently granted the defendants time to file formal applications and two applications were filed on September 14.
They sought a direction to the investigating agency to clarify the status of its probe in the case filed under the Unlawful Activities (Prevention) Act (UAPA), an anti-terrorism law, before arguments begin on whether charges should be framed.
Haider and Khan's applications were subsequently filed.
Haider's lawyer filed a petition seeking directions from the court to know from the Delhi Police whether the investigation into the matter was complete, while Khan in his application sought adjournment of arguments on the charges till the investigation was completed.
The accused have been charged under the UAPA and various provisions of the Indian Penal Code for allegedly being the "masterminds" of the February 2020 riots, which left 53 dead and over 700 injured.
Violence had broken out during protests against the Citizenship (Amendment) Act (CAA) and the National Register of Citizens (NRC) during the week when then US President Donald Trump was visiting India.
Additional Sessions Judge Sameer Bajpai was hearing four applications filed by accused Devangana Kalita, Natasha Narwal (combined application), Asif Iqbal Tanha, Meeran Haider and Athar Khan.
"There is no legal provision to grant relief and these applications were filed with the clear intention of delaying the trial," said special prosecutor Amit Prasad.
"The trial has already been delayed (due to these applications) to date," Prasad said, adding that "the judgments relied upon by the petitioners do not help their case."
Citing a judgment of the Delhi High Court, he said the right of the prosecution to conduct further investigation is an unfettered right.
Prasad also cited a Supreme Court verdict that once the chargesheet is filed under the provisions of the Criminal Procedure Code (CrPC), the trial can continue without waiting for the supplementary chargesheet.
"The prosecution concludes its case by saying that the defendants' requests are in bad faith and are intended to delay the trial," he said.
The court posted the matter for further proceedings on August 8.
On August 5 last year, the predecessor court had set the date for daily hearings on arguments on the charges, after which, on September 11, when the prosecution was about to begin arguments, Kalita's lawyers and Narwal (combined) and Tanha had raised an objection that the prosecution needed to disclose the status of the investigation.
The court subsequently granted the defendants time to file formal applications and two applications were filed on September 14.
They sought a direction to the investigating agency to clarify the status of its probe in the case filed under the Unlawful Activities (Prevention) Act (UAPA), an anti-terrorism law, before arguments begin on whether charges should be framed.
Haider and Khan's applications were subsequently filed.
Haider's lawyer filed a petition seeking directions from the court to know from the Delhi Police whether the investigation into the matter was complete, while Khan in his application sought adjournment of arguments on the charges till the investigation was completed.
The accused have been charged under the UAPA and various provisions of the Indian Penal Code for allegedly being the "masterminds" of the February 2020 riots, which left 53 dead and over 700 injured.
Violence had broken out during protests against the Citizenship (Amendment) Act (CAA) and the National Register of Citizens (NRC) during the week when then US President Donald Trump was visiting India.
