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Delhi's Karkardooma court on Wednesday directed that the prosecution may commence arguments on charges, as the investigation against the charge-sheeted accused has been completed in the 'North East Delhi riots case.'
The court noted that the prosecution's written submissions indicated that the investigation concerning the accused persons is complete. This implies the investigation is complete for all those charge-sheeted so far, not just the applicants. Special judge Sameer Bajpai, therefore, held that the prosecution has confirmed the investigation is finished, and the case is ready for charge arguments. Accused Athar Khan, Asif Iqbal Tanha, Meeran Haider, Natasha Narwal, and Devangana Kalita requested the court to ask the prosecuting agency to confirm if the investigation is complete, allowing proceedings on charge arguments to begin. It was noted that the FIR was registered on March 6, 2020, and after the invocation of UAPA provisions on April 19, 2020, the main charge sheet was filed on September 16, 2020, over six months after the FIR's registration. Subsequently, the first supplementary charge sheet was filed on October 22, 2020, followed by the second on February 23, 2021, the third on March 2, 2022, and the fourth on June 7, 2023. It was further submitted that the fourth supplementary charge sheet was filed three years and three months after the FIR, yet the investigating agency continued to state that the investigation was ongoing and results would be submitted to the court in due course. The applicants argued that both the main charge sheet and supplementary charge sheets suggested the investigation was still ongoing. They contended that there should be an end to the investigation, and until it is officially concluded, the court cannot proceed with the charges. Special Public Prosecutor (SPP) Amit Prasad, however, countered that sufficient material was already available for the court to proceed with charge arguments and that the applicants were unnecessarily delaying the matter by filing these applications. SPP Prasad also pointed out that the court had previously scheduled arguments on charges, but the applicants' actions had caused delays. The court observed, "Undoubtedly, to consider any matter regarding charges, the court must have sufficient material before it, and some additional material, like FSL reports, may be provided later. However, this case presents a different situation." The court further remarked, "Here, even in the last supplementary charge sheet, the prosecution has generally stated that the investigation is ongoing and the results will be submitted to the court later." The special judge referred to the Delhi High Court's judgement in State Vs. Mohd Qasim and Others, which clarified that after a charge sheet is filed but before charge arguments are heard, the court may ask the prosecution whether the charge sheet has been fully submitted and whether the case is ready for hearing. In light of the High Court's ruling and the specific facts of this case, the court directed the prosecution to confirm if the charge sheet has been fully submitted and if the case is ready for hearing arguments on charges. (ANI)
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