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The Hindu
13 hours ago
- Politics
- The Hindu
HC revokes transfer of judge hearing the north-east Delhi riots ‘larger conspiracy' case
The Delhi High Court on Wednesday revoked the transfer of Additional Sessions Judge Sameer Bajpai, who was hearing the north-east Delhi riots 'larger conspiracy' case. The High Court had on May 30 transferred ASJ Bajpai, who had been hearing arguments on the framing of charges in the February 2020 communal violence 'larger conspiracy' case in a Karkardooma court on a daily basis since September last year, to the Saket courts complex as part of a routine transfer process. He was replaced by ASJ Lalit Kumar, who, on June 2, had ordered fresh hearings in the matter. The development is likely to speed up one of Delhi's most high-profile trials in connection with the violence in several parts of north-east Delhi, which left 53 people dead and over 700 injured. The transfer of ASJ Bajpai had drawn criticism from lawyers who felt that the move would cause the trial, which has already been delayed due to pending investigations and judicial transfers, to further slow down. 'The pace at which the case is moving can be gauged by the fact that of the 18 accused booked under the Unlawful Activities (Prevention) Act, 1967, among other charges, most have been in jail for over four years,' said a lawyer on condition of anonymity. The 'larger conspiracy' case is among the many pertaining to the riots and is so named because Delhi Police, which is probing the matter, has claimed that the violence was part of a 'deep-rooted conspiracy'. Key accused in the case include former Delhi councillor Tahir Hussain, student activists Umar Khalid, Khalid Saifi, Ishrat Jahan, Meeran Haider, Gulfisha Fatima, Shifa-Ur-Rehman, Asif Iqbal Tanha, Athar Khan, Safoora Zargar, Sharjeel Imam, and Natasha Narwal. 2,500 arrested so far In the months following the riots, the police arrested over 2,500 people in various cases based on CCTV footage and testimonies of victims and eyewitnesses. During the four years of trials, the city courts gave bail to more than 2,000 people. Several trial courts also made adverse comments about the police's 'shoddy' investigations. The arguments over the framing of charges began in 2024, a year after the filing of the chargesheet.
Hindustan Times
14 hours ago
- Politics
- Hindustan Times
Delhi riots trial set to get back on track
The protracted trial in the 2020 northeast Delhi riots larger conspiracy case is expected to regain momentum after the Delhi high court on Wednesday notified the transfer of additional sessions judge (ASJ) Sameer Bajpai back to the Karkardooma court, where the case is being heard. ASJ Bajpai, who presided over the matter for over a year, was transferred out last month in a sweeping reshuffle of over 130 judges across Delhi's district courts. His replacement, ASJ Lalit Kumar, had only recently taken charge at Karkardooma. But with Wednesday's order, Kumar has now been posted to the Saket court as a fast-track court judge, with Bajpai returning to Karkardooma. In a report on June 3, HT highlighted that the reshuffle caused concern among prosecutors and defence lawyers, who warned that the trial, already delayed for years, may further be derailed. With a new judge in place, the entire process of presenting the Delhi Police's voluminous 17,000-page charge sheet and arguments on framing of charges would have had to restart, potentially pushing back the proceedings by several months. ASJ Bajpai had taken over the case in December 2023, succeeding ASJ Amitabh Rawat, and had heard arguments on charges against five of the 18 accused, including former municipal councillor Tahir Hussain, and activists Khalid Saifi, Gulfisha Fatima, Tasleem Ahmed and Safoora Zargar. With Bajpai's return, defence lawyers confirmed that the five accused will not have to present their arguments again. 'This effectively saves at least five months,' said a defence lawyer, requesting anonymity. 'In his last hearing before being transferred, Bajpai had fixed the date for the sixth accused, Shifa-ur-Rehman's arguments. That schedule can now continue,' the lawyer added. A second defence lawyer said: 'We hope the charge arguments can now be wrapped up quickly and the trial can finally begin, especially since delays in providing documents have already caused significant setbacks.' In the last hearing, ASJ Kumar had asked both the prosecution and the defence to propose a tentative timeline for completing arguments on charges, expressing concern about the prolonged pendency of the case. Of the 18 accused in the larger conspiracy case, six, including Pinjra Tod members Natasha Narwal and Devangana Kalita, are currently out on bail. The rest remain in judicial custody. Bail petitions filed by key accused Umar Khalid and Sharjeel Imam are still pending before the Delhi high court. The conspiracy case is among the most significant stemming from the February 2020 communal riots in northeast Delhi, which claimed 53 lives and injured hundreds. Prosecutors allege that the violence was the result of a premeditated conspiracy orchestrated by anti-CAA protest leaders—an allegation the accused and their lawyers strongly deny, calling it a bid to criminalise dissent. Background and delays To be sure, despite nearly five years having elapsed since the Delhi Police filed the main charge sheet in September 2020, the trial is yet to commence since penal charges have not been formally framed in the matter. 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 riots. In October 2023, the trial court directed that the arguments on charges be conducted on a day-to-day basis in an attempt to speed up the proceedings. While the prosecution has often blamed the defence for the delay, citing multiple applications under Section 207 CrPC (for the supply of documents), the defence maintains that prolonged pretrial 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 student activist Devangana Kalita sought full access to case records. The matter is next scheduled to be heard on September 15.
Indian Express
09-06-2025
- Politics
- Indian Express
Northeast Delhi riots: After judge's transfer, where does the ‘larger conspiracy' case stand?
Arguments on charge in the Delhi riots 'larger conspiracy' case will have to begin afresh as the judge who had been hearing the case for the last 18 months has been transferred. Out of the 18 accused arrested in the case, 12 have been in jail for over four years. From October to May 2025, five accused — including former JNU student leader Umar Khalid, former AAP councillor Tahir Hussain, Shifa Ur Rehman, and Safoora Zargar — had completed their arguments on charge. The prosecution also completed its arguments during day-to-day hearings. After the remaining persons finished their arguments, the trial of the case would've begun. Family members and lawyers of the accused called the delay a 'punishment'. Shortly after the riots broke out, which left 53 dead and 700 injured, the Delhi Police Special Cell started investigating the alleged conspiracy behind them. During its investigation, it booked the 18 accused under relevant provisions of the stringent Unlawful Activities (Prevention) Act (UAPA) and IPC. The case of the Special Cell was that the riots were the result of a months-long 'deep-rooted' conspiracy allegedly hatched after the Citizenship Amendment Bill got a nod from the Cabinet in December 2019. Between 2020 and 2023, police filed four supplementary chargesheets. With their final chargesheet in June 2023, they marked the completion of their probe into the case. Their case was primarily built on CCTV footage, WhatsApp chats, and statements of protected witnesses. In October 2023, Additional Sessions Judge (ASJ) Amitabh Rawat of Karkardooma Court had directed that arguments on the charge be conducted on a day-to-day basis. Two months later, ASJ Rawat was transferred and ASJ Sameer Bajpai replaced him. On September 4 last year, the Special Cell officially told ASJ Bajpai that they had completed their investigation. Following this, the judge ordered that arguments on charge would commence from September 5. On May 30 this year, ASJ Bajpai was transferred following a reshuffle of 135 judges across Delhi. 'With the chargesheet of several thousand pages, more than 700 witnesses, other issues and such transfers, we don't know how long it will take. This is very unfortunate. Our sons and daughters are languishing in jail,' said Umar's father, Syed Qasim Rasool Ilyas. 'The problem is that section 43(D) of the UAPA lists extremely stringent bail conditions. The judge has to first make up their mind whether a prima facie case is made out or not. For this, arguments on charge need to be complete. It becomes impossible to get bail otherwise,' said advocate Rajiv Mohan, who represented Husain in court. Along with Mohan, advocate Tara Narula also appeared for Husain. Asif Iqbal Tanha, one of the six accused out on bail, told The Indian Express, 'For the people who are in jail, the delay in trial is very problematic. But even those who are out on bail have various restrictions.' On June 2, ASJ Lalit Kumar, who replaced ASJ Bajpai, heard the case for the first time. The Delhi Police and the accused persons were directed by the judge to furnish their schedule regarding the time frame and manner in which they will address arguments. The court also stated that arguments on charge must be 'expedited'. On June 6, ASJ Kumar asked the prosecution and the defence how long they would take to conclude the arguments. 'I will take 25-27 hours to outline the entire conspiracy… we have submitted a 1,200-page compilation. For the assistance of the honorable Court, I will keep it very concise,' Special Public Prosecutor Amit Prasad had said. The 18 accused persons in this case are Devangana Kalita, Natasha Narwal, Ishrat Jahan, Faizan Khan, Safoora Zargar, Asif Iqbal Tanha (all six on bail); Tahir Husain, Umar Khalid, Khalid Saifi, Sharjeel Imam, Meeran Haider, Gulfisha Fatima, Shifa-Ur-Rehman, Shadab Ahmed, Tasleem Ahmed, Saleem Malik, Mohd Saleem Khan, and Athar Khan (all 12 in jail).
