The Delhi High Court on Tuesday asked Delhi Police to file a response to a plea challenging a trial court order which takes cognisance of charge sheet in connection with larger conspiracy in northeast Delhi violence case under the provision of the Unlawful Activities (Prevention) Act (UAPA).
A bench of Justice Mukta Gupta listed the matter for further hearing on August 27.
The petition was filed by three accused Tasleem Ahmed, Gulfisha Fatima, and Mohd Saleem Khan through advocates Mehmood Pracha and Jatin Bhatt.
Petitioners have sought to set aside the trial court order dated September 17, 2020, passed by the Additional Sessions Judge of Shahdara District, Karkardooma Courts, Delhi.
“Remand work in the matter under section 167 Cr.P.C. was undertaken by Sessions Court pursuant to a judgment of a Division Bench of this Court, holding that offence under the UA(P) Act, which is a scheduled act under the National Investigation Agency (NIA) Act, 2008, need not be exclusively tried by Special Courts constituted under the NIA Act, and Sessions Courts were competent to remand accused persons,” the petitioners submitted.
The petitioners further added that the charge sheet in the matter was filed before a Sessions Court, which in contravention of the provisions of Code of Criminal Procedure, especially Section 193, and provisions of other statutes, took cognizance in the matter, without having the competence and jurisdiction to do so.
Special Cell of Delhi Police has filed the charge sheet against various accused under the provisions of UAPA, under the various section dealing with murder and others of Indian Penal Code, Section 3 and 4 of Prevention of Damage to Public Property Act,1984, and Section 25/27 Arms Act.