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On Monday, a city court directed defence lawyers of 18 accused persons to submit a consolidated timeline for completing their arguments on charge The trial in the 2020 Northeast Delhi riots conspiracy case is set to be delayed yet again after a recent reshuffle of trial court judges, with proceedings now restarting under a new judge. On Monday, a city court directed defence lawyers of 18 accused persons to submit a consolidated timeline for completing their arguments on charge — a stage that was nearing conclusion but must now begin afresh.
The trial in the 2020 Northeast Delhi riots conspiracy case is set to be delayed yet again after a recent reshuffle of trial court judges, with proceedings now restarting under a new judge. On Monday, a city court directed defence lawyers of 18 accused persons to submit a consolidated timeline for completing their arguments on charge — a stage that was nearing conclusion but must now begin afresh.
The direction came from additional sessions judge (ASJ) Lalit Kumar, who heard the matter for the first time after replacing ASJ Sameer Bajpai. ASJ Kumar has now sought a tentative schedule from defence lawyers for wrapping up arguments, despite the fact that five of the accused had already concluded their submissions over the past several months.
This follows an administrative order issued by the Delhi High Court last week, resulting in a reshuffle of several trial court judges. ASJ Bajpai, who had presided over the case since December 2023, was himself a replacement for ASJ Amitabh Rawat.
The reshuffle means that when the case is next heard on June 6, special public prosecutor (SPP) Amit Prasad will have to present the Delhi Police's case and walk the court through the 17,000-page chargesheet — once again. Prasad told the court he would need at least three days to complete his submissions.
The document includes police findings, witness statements, and technical evidence allegedly linking the accused to a larger conspiracy behind the 2020 riots.
Both the prosecution and defence acknowledged that the reshuffle will inevitably impact the timeline of the case.
“The prosecution will have to open its case again as per law and present all evidence from scratch,” said SPP Madhukar Pandey. “We can only expect any orders on charge by next year.”
“The new judge will have to go through the entire record again,” said advocate Sarim Naved, who represents accused Gulfisha Fatima. “His predecessor had heard several bail applications extensively. The case was finally gathering pace. Now everything has to be repeated, and we're looking at another seven-month delay.”
Naved, however, said that the disruption could strengthen defence arguments in bail applications before the Delhi High Court, where the delay in trial has been central to their pleas. “Since it is a sensitive case, no lawyer will want to make the mistake of asking the judge to refer to the written notes already submitted and hence the case will have to be argued again.”
Among the accused who had completed their arguments are former municipal councillor Tahir Hussain, activists Khalid Saifi, Gulfisha Fatima, Tasleem Ahmed, and Safoora Zargar. Their submissions. But the case will now be reopened and argued anew.
Of the 18 accused, six — including Pinjra Tod members Natasha Narwal and Devangana Kalita — are currently out on bail, while the rest remain in judicial custody. Bail petitions of key accused like Umar Khalid and Sharjeel Imam are still pending before the high court.
Despite nearly five years having passed since the Delhi Police filed the main chargesheet in September 2020, the trial has not yet commenced. The accused have been charged under the Unlawful Activities (Prevention) Act for allegedly orchestrating a “larger conspiracy” behind the anti-CAA protests, which the police claim triggered the communal riots of February 2020 that left 53 people dead and hundreds injured.
In October 2023, the trial court had directed that arguments on charge be conducted on a day-to-day basis in an attempt to speed up the proceedings. That momentum now stands disrupted.
Advocate Rajiv Mohan, who argued on behalf of Tahir Hussain, said: “One can't comment much as it is an administrative transfer, but the development certainly goes against expediting the trial.”
The case includes 47 protected witnesses whose identities have been withheld for safety. Their statements, according to the police, detail the roles played by various accused in the alleged conspiracy.
While the prosecution has often blamed the defence for delays, citing multiple applications under Section 207 CrPC (for the supply of documents), the defence maintains that prolonged pre-trial detention and procedural lapses by the state are to blame. In April 2023, the prosecution handed over key case documents nearly a year after applications were filed, further stalling the trial.
Meanwhile, the Delhi High Court, in a September 2023 order, allowed the trial court to continue hearing arguments but restrained it from issuing final orders on charge. That restriction was imposed after Devangana Kalita sought full access to case records. The matter is next scheduled to be heard on September 15.
Source: HindustanTimes
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