The Delhi High Court Tuesday issued notice to Wasim Akram Malik, an accused in the 2011 blast near the court’s gate, on a plea that the trial court charge him with conspiracy to wage war against the government.
Justice Sanjeev Khanna and Justice S.P. Garg sought a response by Oct 16 from Malik on the National Investigation Agency’s plea challenging the trial court’s Sep 4 order refusing to frame charges against him under penal provisions for waging war against the government.
Fifteen people were killed and 79 injured in the Sep 7, 2011 blast outside Gate No.5 of the high court complex.
NIA Special Judge H.S. Sharma had found sufficient evidence against Malik under penal provisions dealing with criminal conspiracy, murder and attempt to murder and various terror charges but not waging war against the government.
The NIA in its plea in high court said: “Direct the special court to frame charges under sections 121 (waging war against the government of India), 121-A (conspiracy to commit waging war against the government), 122 (collecting arms with intention of waging war against the government), 123 (concealing with intent to facilitate design to wage war) of Indian Penal Code and under sections 3 and 5 of the Explosive Substances Act, 1908.”
The trial court had dropped against Malik the charges dealing with waging war against the government and conspiracy and collecting arms to wage a war against the country.
The investigating agency said that the terrorist attack was prompted by an intention to strike at the sovereign authority of government.
“The evidence on record shows that the intention of the conspirators including the present respondent (Malik) was to organise terrorist attack on institutions which are symbols of the sovereignty and authority of the government of India,” the NIA said.
The agency added that the special court erroneously did not appreciate the fact that in the present case an institution like the Delhi High Court was a target.
“As a logical corollary, the collection of explosives for the aforesaid purpose and clandestinely fabricating and causing explosive of improvised explosive device would amount to the commission of offences under sections 122 and 123 of the IPC,” the plea said.
Meanwhile, the trial court which was supposed to pass Tuesday the order on the framing of charges against Malik, who is in judicial custody, fixed Sep 21 to pass the order.
Malik is the first accused against whom the charges would be framed. The NIA in March filed a charge sheet against six accused, including a minor.