In Move that Could Speed Up Hearings in Delhi Riots 'Larger Conspiracy' Case, HC Revokes Judge's Transfer
New Delhi: In a move that is expected to speed up the trial in the 2020 north-east Delhi riots larger conspiracy case, the Delhi high court on Wednesday (June 18) revoked the transfer of additional sessions judge Sameer Bajpai, who was hearing the case before he was transferred on May 30.
Earlier, ASJ Bajpai’s transfer was met with criticism from lawyers, who had said that the move would further slow down the trial, which is already delayed due to pending investigations and judicial transfers, reported The Hindu.
ASJ Bajpai 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.
Following his transfer, he was replaced by ASJ Lalit Kumar, who had ordered fresh hearings in the cases. After the revocation of the transfer, ASJ Bajpai will continue to hear the cases.
“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,” a lawyer told the newspaper on condition of anonymity.
In the “larger conspiracy” case, the Delhi Police have claimed that the violence was part of a “deep-rooted conspiracy”.
The 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.
In the past, families of the accused, many of whom are in jail for years have demanded their immediate release while highlighting the selective application of “bail is rule, jail is the exception” principle in granting bail despite pronouncements by the Supreme Court.
“It is said that any democratic society has three pillars – the executive, the legislature and the judiciary. And these should be separate. But if the Chief Justice of India invites the prime minister to his house (for a puja) and that is made viral, do I have any hope of getting justice?” Khalid’s father S.Q.R Ilyas had said while speaking at a public meeting organised by the Association for Protection of Civil Rights (APCR) in New Delhi last year.
The Wire is now on WhatsApp. Follow our channel for sharp analysis and opinions on the latest developments.