The prosecution on Tuesday termed as "frivolous," "speculative," and "presumptive" the applications of some accused filed to know the status of the investigation in a case pertaining to the alleged conspiracy behind the 2020 northeast Delhi riots.
In response to the applications filed by the accused in the 2020 Delhi riots larger conspiracy case, Special Public Prosecutor (SPP) Amit Prasad Tuesday opposed their plea seeking the status of investigation before starting arguments on charges. He said the applications were filed just to derail and delay the trial.
"How can the accused as a matter of right demand the status of the investigation?… My rights to investigate further can't be curtailed," he said before the court of Additional Sessions Judge Amitabh Rawat. The court was hearing the applications filed by accused Devangana Kalita, Natasha Narwal, Asif Iqbal Tanha, Meeran Haider, and Athar Khan. Prasad said each application fails to disclose any provision in law which could allow their prayers.
He said the applications were "frivolous" as they were beyond the ambit of the Code of Criminal Procedure (CrPC).
"These prayers are speculative and presumptive … These prayers go on the assumption that framing of charges attains finality," he said. On judgments cited by the accused in their applications, the SPP said none of the verdicts gives any power to entertain the application in this manner, nor any power to go beyond the CrPC.
"Applications are nothing but attempts to derail the trial," the SPP said. Earlier, in their applications filed on Monday, Haider wanted to know from the Delhi Police whether the investigation in the matter was complete, while Khan sought deferment or adjournment of the arguments on charges till the completion of the investigation. The counsel appearing for the accused (defence) raised an apprehension that the prosecution may file supplementary chargesheets to fill gaps in the investigation which may be pointed out by the accused during the arguments.
On September 14, Devangana Kalita, Natasha Narwal and Asif Iqbal Tanha had sought a direction to the investigating agency to clarify the status of their investigation in the case lodged under the Unlawful Activities (Prevention) Act (UAPA), before arguments start on whether to frame the charges. ASJ Rawat has posted the matter for Friday for further proceedings.
The accused have been booked under anti-terror UAPA and several provisions of the Indian Penal Code for allegedly being the "masterminds" of the February 2020 riots.