New Delhi: The Delhi High Court is to give its verdict on Monday on a plea of the National Investigation Agency (NIA) against a trial court order to drop stringent penal charge of 'waging war against the government' against an accused in the case of terror attack in its premises. A bench of justices Sanjiv Khanna and SP Garg had reserved its verdict earlier on the NIA's plea for reversal of the lower court order to drop charges against Wasim Akram Malik under sections 121, 121A and 122 of the IPC, dealing with conspiracy, waging war against the government and collecting arms and ammunitions for the purpose.
The charge under section 121 (waging war against India) attracts death penalty as the maximum punishment. Malik is facing trial in the September 7 terror attack that had killed 15 people and injured 79 people last year outside the high court in New Delhi. 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."
The special court, on September 4, had framed charges in the case, 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.
NIA, in its plea, had referred to the statements of Amir Abbas Dev, who later turned approver and other witnesses to show that harsher charges should have been framed. The terror 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 Seikh 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.
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