The Delhi High Court on Monday ordered a National Investigation Agency (NIA) court here to frame the charge of waging war against the Government of India against Wasim Akram Malik facing prosecution in the Delhi High Court blast case.
A Division Bench of the Court comprising Justice Sanjiv Khanna and Justice S.P. Garg ordered framing of the charge, admitting argument by the investigating agency that the intention of the accused was to cause injury to people in general, not to a particular person.
The Bench passed the order on a revision petition filed by the investigating agency against the trial court order dropping the charge against the accused.
Dropping the charge, Special Judge H.S. Sharma had said: “These offences (relating to waging war against the Government of India) 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… offences are made out.”
“In my view, the explosion of the bomb at Gate Number 5 of the Delhi High Court and subsequent assertion of the person sending the e-mail, by itself do not, even for the purpose of framing charges, make out offences….. It cannot be said the act had been committed to ‘wage a war’ against the Government of India," Mr. Sharma had further stated.
Setting aside his order, the Bench said: “The object, purpose and animus as propounded and alleged has to be given weightage and cannot be discounted at this stage.’’
The Bench also dismissed argument by the accused that the charge of waging war against the Government of India was attracted only when security forces were specifically targeted.
The blast at the Gate Number 5 reception counter of the High Court had claimed 15 lives and injured several others in September last year.