Police has challenged the order before the HC. (File)A Delhi court Monday deferred the hearing on cognizance of the supplementary chargesheet filed in the “conspiracy” case related to the Northeast Delhi riots, against former JNU student Umar Khalid and JNU student Sharjeel Imam, in the wake of a recent Delhi High Court order staying the trial in the matter.
Additional Sessions Judge Amitabh Rawat deferred the hearing for Tuesday, saying the court’s order has to be correct in terms of the HC’s directions. The judge asked the counsel for the accused if the court can take cognizance of the supplementary chargesheet and if orders for providing its copies to the counsel can be passed since the trial has been stayed in the matter.
In the supplementary chargesheet filed on Sunday, Imam and Khalid were booked under the stringent Unlawful Activities (Prevention) Act and other sections of the Indian Penal Code, Arms Act and Prevention of Damage to Public Properties Act.
On November 10, the High Court had stayed the trial in the conspiracy case after a plea was filed by police challenging the order of the city court that directed them to supply physical copies of the chargesheet to all accused. However, the trial court is at liberty to decide any application whatsoever, as per the order.
During the hearing, counsel for the accused said the grievance of the prosecutor was with supply of hard copies of the bulky main chargesheet and soft copies can be supplied now.
Special Public Prosecutor Amit Prasad, appearing for police, said police was willing to provide soft copies of the supplementary chargesheet to the accused but orders have to come from the court.
The trial court had on October 21 refused to grant time to police to obtain funds’ sanction to provide to the accused hard copies of the voluminous chargesheet and directed them to provide the same. Police has challenged the order before the HC.