Plea challenging ch'sheet cognizance now in court

New Delhi: The Delhi HC on Tuesday sought response from Delhi Police on a petition challenging the order of the trial court taking cognisance of the charge sheet in UAPA case relating to alleged larger conspiracy that led to the north-east Delhi riots.

Justice Mukta Gupta asked special public prosecutor Amit Mahajan to bring the stand of the investigating agency on record and listed the matter for further hearing on August 27.

Accused Tasleem Ahmed, Gulfisha Fatima and Saleem Khan had moved the high court last year alleging that the sessions court which took cognizance of the charge sheet filed in the case in September last had no competence and jurisdiction to do so. The high court had issued notice in December last but no written submissions were sought then.

In their petition filed through advocates Mehmood Pracha and Jatin Bhat, the three have said that charge sheet in the matter was filed before a Sessions Court, which in contravention of the provisions of Code of Criminal Procedure, especially Section 193, and provisions of other statutes. It is asserted that no sessions court can take cognizance of an offence as a court of original jurisdiction.