Kishtwar youth faces waging war charge

Delhi High Court blast case

AGENCIES

New Delhi, Dec 3: The Delhi High Court today ordered the trial court to frame charges of waging war against the Government of India against Wasim Akram Malik for his alleged role in the September 2011 terror strike in the high court premises.
A bench of justices Sanjiv Khanna and S P Garg allowed National Investigation Agency's plea against the trial court order, which had dropped stringent penal charge of 'waging war against the government' against Malik, who is facing trial in the September 7, 2011 attack case, in which 15 people were killed and 79 others were injured.
"The facts as alleged and material evidence relied upon and mentioned justify framing of charges under the appropriate section of the IPC," the bench said.
"Charges under section 121 (waging war against India), 121A (conspiracy to commit offences punishable by section 121), 122 (collecting arms etc, with intention of waging war against India) and 123 (concealing existence of design to wage war) read with section 120B (criminal conspiracy) will be framed by the trial court," the bench added.
Accepting the NIA's argument that the intention of the accused was not to cause injury to a particular person but the public in general, it said, "We allow the present appeal and set aside para 24 of the trial court order discharging the respondent (Malik) and holding that there is no ground or material to frame charges under section 121 of IPC."
"We record and note the contention that the bomb blast was not targeted to cause injury to a particular person but (the bomb) was kept at the reception counter of the Delhi High Court which issued passes that enables litigants and others to enter the main gate of high court building.
"The object, purpose and animus as propounded and alleged has to be given weightage and cannot be discounted or rejected at this stage," the court said.
The bench rejected Malik's argument that unless security forces are specifically targeted section 121 is not attracted.
"The dividing line i.e., terrorist act or waging war in some cases may be there but the present case has its own peculiarities like the location where the bomb exploded, animus which has been attributed, the email, etc.," the bench said.
The special court had framed charges in the case on September 4, but had dropped the stringent charges against Malik saying more evidence was required to frame charges under those provisions.
"These offences (relating to waging war against country) require something more than the one which is available against the accused in this case. Merely because a bomb had exploded outside the Delhi High Court and in the e-mail, there was a reference of release of Afzal Guru, it does not mean that these three offences (of waging war against country) are made out," the lower court had said.
In its plea, the NIA had said, "The special court did not appreciate the fact that in the present case an institution like the Delhi high court was a target of the terror act and as per the appellant's respectful submission, it amounts to waging war against government of India and is punishable under Sections 121 and 121A of IPC."
In its plea, the NIA had also referred to the statements of Amir Abbas Dev, who later turned approver and other witnesses, to argue that harsher charges should have been framed.
The attack was plotted with an aim to get the death sentence of Parliament attack case convict Afzal Guru commuted to life term, the NIA had said.
The agency had filed a charge sheet against six persons, including three arrested accused Malik, Dev and a minor, besides three others - Amir Kamal, Junaid Akram Malik and Shakir Hussain Sheikh alias Chota Hafiz, who are suspected members of banned terror outfit Hizb-ul Mujahideen and evading arrest. The minor's case is being adjudicated separately.

Lastupdate on : Mon, 3 Dec 2012 21:30:00 Makkah time
Lastupdate on : Mon, 3 Dec 2012 18:30:00 GMT
Lastupdate on : Tue, 4 Dec 2012 00:00:00 IST




  • del.icio.us
  • StumbleUpon
  • Digg
  • TwitThis
  • Mixx
  • Technorati
  • Facebook
  • NewsVine
  • Reddit
  • Google
  • LinkedIn
  • YahooMyWeb
  • Print News

Enter the Security code exactly as you see it in the image security code is CaSe SeNsItIvE(Cookies must be enabled)
  • MORE FROM JAMMU

  • Kashmir

Shia-Sunni unity: Geelani to lead ‘peace march’ in Srinagar

GK NEWS NETWORK

Srinagar, Dec 3: The Hurriyat Conference (G) is organizing a peace march on December 5 (Wednesday) from downtown Srinagar under the leadership of its chairman Syed Ali Geelani.   “We will offer More



  • Srinagar City

‘Unwanted curfews’ irk Shaher-e-Khaas traders

SAY BUSINESS BADLY AFFECTED, SEEK SAGAR’S INTERVENTION

SYED IMRAN ALI HAMDANI

Srinagar, Dec 3: The traders of old City, the Shaher-e-Khaas are up in arms against the government for “imposing unwanted curfews in the area” for the past few days adding that the business has been badly More




  • Jammu

Income Rs 89,000; Assets Rs 3.40 crore

Ex-Minister Charge-Sheeted In Disproportionate Assets Case

GK NEWS NETWORK

Jammu, Dec 3: After more than 23 years of investigation, Jammu and Kashmir Vigilance Organisation Monday presented charge-sheet against a former minister and MLA Reasi for allegedly acquiring assents disproportionate More



  • Court Watch

JK Chief Secretary gets 1 day to file compliance report

‘Bureaucrats Need To Be Pulled Up For Taking Judicial Process For Granted’

REHABILITATION OF POOR GIRLS

D A RASHID

Srinagar, Dec 3: The Jammu and Kashmir Monday granted one more day to the Chief Secretary to file a compliance report in a case of rehabilitation of poor girls ‘exploited in the garb of providing jobs More



  • World

Now we have a state: Abbas

Ramallah, West Bank, Dec 3: Palestinian President Mahmoud Abbas returned to the West Bank after winning upgraded UN status for the Palestinians, telling cheering crowds: “Yes, now we have a state.”  More



  • Pulwama

Pulwama sans lavatories

People face inconvenience

Pulwama: Failure of the municipal authorities to construct public lavatories here is causing immense problems to the people. Though Pulwama was accorded district status nearly three decades ago it sans More



  • GKeducation&Careers

Student Counseling:An area of darkness

There’s a pressing need to make counseling services available in government schools, universities and colleges

CONCERN

PUPINDER S BALI

As reports of student stress and suicides because of academic,peer, and parental pressures multiply, country top schools managements have been forced to wake up to the importance of student counseling More



ADD
Designed Developed and Maintaned By Imobisoft Ltd /Algosol Software Solutions