New Delhi: A court in New Delhi is likely to frame charges on Monday against Wasim Akram Malik, arrested by the National Investigation Agency (NIA) for his alleged role in the terror attack at the Delhi High Court in 2011. District Judge HS Sharma, who on September 4 had decided to frame charges against Malik under various penal provisions of the IPC, the Explosive Substance Act and the Unlawful Activities (Prevention) Act, had fixed October 1 for the same.
The court had earlier declined the NIA's plea to try Malik under the stringent charge of waging war against India, saying merely because an e-mail referring to the release of Parliament attack case convict Afzal Guru was sent by the accused after the blast, it does not mean an offence against the state was committed. The NIA had moved the Delhi High Court on September 18 against the trial court's order to drop the charge of waging war against India. The high court has issued notice to Malik seeking his response by October 16 on the NIA's plea.
The trial court had decided to frame charges for offences punishable under sections 120-B (criminal conspiracy), 440 (mischief committed after preparation made for causing death or hurt), 436 (mischief by fire or explosive substance), 302 (murder), 307 (attempt to murder), 323 (causing hurt) and 325 (voluntarily causing grievous hurt) of the IPC against Malik. It had also ordered framing of charges against Malik after finding prima facie evidence of his role in the September 7, 2011 terror attack at the high court's reception in which 15 people were killed and 79 others were injured.
The trial court, while deciding to frame charges against Malik, had referred to the statement of co-accused-turned approver Amir Abbas Dev to the magistrate under Section 164 of the CrPC. Dev was also arrested for his alleged role in the case but had later turned approver and was granted pardon by the judge. The court had also referred to the statements of other prosecution witnesses and had said after perusing the evidence, it has come on record that Malik was in Delhi on June 29 last year and had conducted recce of various areas including that of the high court.
The NIA had filed its charge sheet against six, including Malik, Dev and a minor, besides three others - Amir Kamal, Junaid Akram Malik and Shakir Hussain Seikh alias Chhota Hafiz, who are suspected members of the banned terror outfit Hizb-ul Mujahideen and are evading arrest. The minor's case is being adjudicated separately.
The charge sheet against the six accused was filed under various sections of the IPC dealing with murder, criminal conspiracy, waging war against the nation, attempt to murder, causing grievous hurt and others, besides various offences under the Explosive Act and the UAP Act.