A Special NIA court has allowed framing of charges against Wasim Akram Malik,accused in the Delhi High Court blast case,on the basis of prima facie evidence including an email allegedly sent by the Malik to the media on the day of the blast.
The NIA had said the terror attack at the Delhi High Court was plotted to get the death sentence of Parliament attack case convict Afzal Guru commuted to a life term. Special Judge H S Sharma allowed framing of charges of criminal conspiracy,murder,attempt to murder,causing hurt,and membership of a terrorist outfit,provisions of the Explosives Act and the Unlawful Activities Prevention Act.
The NIA has filed a chargesheet against Malik,Amir Abbas Dev who has since been granted pardon by the court as he became an approver Amir Kamal,Junaid Akram Malik and Shakir Hussain Seikh alias Chhota Hafiz,who are suspected members of banned terror outfit Hizb-ul Mujahideen. Three of them have been arrested.
Maliks counsel had argued against charges of conspiracy and Malik being a member of a banned terrorist group,but the court said there was no need for detailed evidence to frame charges.
Malik,allegedly a Bangladeshi student pursuing an MBBS degree,was arrested by NIA on October 6,2011,a month after the blast that killed 15 and injured 79.
Stating that he was deliberately not discussing the prosecution evidence in detail as it is likely to prejudice the case of the parties,the judge held that it could not be said that there is not enough material to frame charges against the accused.
The court said a conspiracy is inferred from the facts and that it could not have any direct evidence. It said evidence such as emails,Maliks travel details and Amir Abbas Devs statement were enough to frame charges against Malik.
The court denied the prosecutions request to frame charges of waging war against the government of India,stating that these charges required clear evidence.
Why has the NIA not investigated a description of the man who planted the bomb,reportedly given to Delhi Police by an injured witness? the court asked.
The court will pass an order on the charges against the accused on September 18.