HC notice to Delhi Police challenging trial court order regarding North East Delhi riots
Aug 25, 2020
New Delhi [India], Aug 25 : The Delhi High Court on Tuesday issued a notice to Delhi Police on a petition filed by one accused named Khalid, challenging trial court order which granted more time to the investigating agency to conclude its probe in connection with a case relating to communal violence in north-east district of the national capital.
A single-judge bench of Justice Vibhu Bakhru asked police to file a response to Khalid's plea and listed the matter for further hearing on September 1.
Khalid, in his plea, has sought direction from the High Court to set aside trial court order dated August 13 extending the time for completing investigation till September 17. In his plea, Khalid has also sought to issue consequential directions to be released on bail in terms of Section 167(2) of the Code of Criminal Procedure, 1973, in the matter.
On March 6, the Crime Branch of Delhi Police registered FIR under sections 147/148/149/120B of the Indian Penal Code, regarding a criminal conspiracy to cause communal riots in Delhi from February 23 to 25. Initially, Khalid was not named in the FIR. On the same day, investigation of the case was transferred to the Special Cell.
Khalid was arrested in the present case on March 21 and thereafter, he is under custody. On April 19, the investigating agency invoked Sections 13, 16, 17, and 18 of the Unlawful Activities (Prevention) Act, 1967 in the case. The Prosecution moved an application on August 10, under Section 43D(2)(b) of the UAPA for extension of time to conclude investigation for 30 days. On August 13, the trial court allowed the application of the investigating agency seeking an extension of the time period to conclude the investigation under Section 43D(2)(b) of the UAPA, and extend the time period by 30 days, till September 17.
Beside Khalid, other accused in the case are Ishrat Jahan, Tahir Hussain, Gufisha Fatima, Meeran Haider, Natasha Narwal, Devangana Kalita, Asif Iqbal Tanha, and Shafa ur Rehman are among others arrested in the case and are currently undergoing judicial custody.
