NIA seeks stricter charges against Delhi blast accused

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.

Chargesheet in Delhi High Court blast Wednesday

The National Investigation Agency (NIA) is likely to file its chargesheet in the Sep 7, 2011 Delhi High Court blast on Wednesday against five people accused of planning and executing the terror attack.

The chargesheet names Amir Abbas Dev and Wasim Akram Malik, who were arrested September 2011 and are in judicial custody. The other three accused – Malik’s brother and an alleged Hizbul Mujahideen (HM) terrorist Junaid Akram Malik, Hafiz and Amir Kamal – are absconding, court sources said Monday.

According to the sources, the NIA has moved an application for issuing proclamations against three absconding accused.

The accused have been booked under Sections 120-B (criminal conspiracy), 153-A (promoting enmity between different groups on grounds of religion, race or language and doing acts prejudicial to maintenance of harmony) and 134-A (attack on government servant on duty) of the Indian Penal Code.

The blast, which took place outside gate no 5 of the high court, killed 15 people and injured over 80.



NIA seizes phones of Delhi blast suspect

The National Investigation Agency (NIA), probing the Sep 7 Delhi High Court blast, has seized three mobile phones from the Kishtwar residence of a Kashmiri youth suspected to be the mastermind of the attack. The NIA investigators, who reached Jammu by a special aircraft Tuesday evening, recovered the phones from the house of Wasim Akram Malik, a student of medicine in Bangladesh, who was arrested earlier this month, sources said here.

The team, which was flown to Kishtwar by a helicopter, also seized some documents from his home, they said.

The investigators will now check the call details and contacts on the phones, they said, adding that the NIA expects to establish the involvement of the arrested youth in the blast.

Apart from Wasim Akram Malik, the NIA also suspects his brother Junaid Akram Malik, a suspected Hizb-ul-Mujahideen militant, as the one who planted the bomb outside the Delhi High Court, which killed 15 people.

The NIA had Oct 7 taken Wasim Akram Malik, suspected to be am activist of the Bangladesh-based Harkat-ul-Jihad-e-Islami (HuJI), into 14-day custody. He will be in NIA custody till Oct 21.

The investigators had also questioned his fellow Kishtwar resident Amir Abbas Dev, who was with NIA for seven-day custody earlier this month.