2020 Delhi riots ‘larger conspiracy’: Year after court ordered day-to-day hearings, where does the case stand?

When the day-to-day hearings on charges began following an order by Additional Sessions Judge Amitabh Rawat of Karkardooma Court last August, lawyers of the accused flagged the delay in investigation and filing of multiple chargesheets. It was argued by the accused that once their arguments were disclosed in court, the prosecution would fill the “loopholes” in their investigation by filing a new chargesheet.

The main contention of the accused was that the investigating agency couldn’t keep on filing supplementary chargesheets and that it must inform the court of the status of its investigation. This led to four applications being moved by accused Natasha Narwal, Devangana Kalita, Asif Iqbal Tanha, Athar Khan and Meeran Haider with a common prayer — requesting deferment on argument on charges in the case till the investigation is complete and requesting the court to ask the prosecuting agency to disclose if the investigation is complete.

In October 2023, a tussle between Advocate Mehmood Pracha representing Tasleem Ahmed (one of the accused) and Special Public Prosecutor (SPP) Amit Prasad ensued in court. Pracha had alleged that Prasad was taking money from the police in this case. In response, the SPP argued in court that the case would “not move one inch forward” till Pracha produced the documents that prove the SPP’s alleged role. The SPP further said if the allegations against him are true, then his “continuance as a prosecutor” in the larger conspiracy riots cases will be impacted.

Prasad, on the other hand, had argued in court that Pracha couldn’t appear for the accused Tasleem Ahmed as there was a ‘conflict of interest’ – a witness had told the agency during the investigation that Pracha was present at the protests against the Citizenship Amendment Act and the National Register of Citizens (CAA-NRC) along with the accused. The hearings were adjourned multiple times due to this tussle.

In December last year, Prasad resigned as SPP in the case. In his resignation letter to L-G V K Saxena dated December 15, Prasad said for three-and-a-half years, he handled prosecution cases to the best of his ability but would not be able to continue. Later in January, he withdrew his resignation stating that his grievances had been resolved as he would now have two more prosecutors with him on the case.

Another development that took place in mid-December was the transfer of ASJ Rawat to Rouse Avenue Court, where he was designated as Special Judge (CBI). ASJ Sameer Bajpai replaced Rawat and the arguments were heard afresh.

Judge Rawat had reserved an order on accused Sharjeel Imam’s bail plea in September 2023.

Imam, represented by advocates Ibrahim Ahmed and Talib Mustafa, argued in his plea that he was entitled to be released on statutory bail as he has undergone half of the maximum seven years of punishment prescribed under Section 13 of UAPA. On February 17 this year, Imam’s bail plea was rejected by ASJ Bajpai. The Delhi High Court, on May 29 granted him statutory bail in the sedition case – however, he still remains in jail due to his alleged role in the larger conspiracy case.

Umar Khalid in late February this year also moved a bail plea before ASJ Bajpai. After multiple hearings, his bail plea was rejected on May 28.

On September 4, the Delhi Police Special Cell told ASJ Bajpai that its investigation in the case was complete. Following this, the judge ordered that arguments on charge would commence from September 5, however, it had to be adjourned on account of the SPP falling ill. The hearing was adjourned to September 12.

The six people out on bail in this case are Kalita, Narwal, Ishrat Jahan, Faizan Khan, Safoora Zargar and Asif Iqbal Tanha. Including Tahir Hussain and Umar Khalid, 10 others remain in jail — Khalid Saifi; Sharjeel Imam; Meeran Haider; Gulfisha Fatima; Shifa-Ur-Rehman; Shadab Ahmed; Tasleem Ahmed; Saleem Malik; Mohd. Saleem Khan and Athar Khan.