Thaindian News

New Delhi, Sep 4 (IANS) Just three days before the first anniversary of the 2011 Delhi High Court blast, a special court here Tuesday fixed Sep 18 to frame charges against an accused, sources said.

Fifteen people were killed and 79 others injured in the Sep 7, 2011 blast outside Gate No.5 of the high court complex.

National Investigation Agency (NIA) Special Judge H.S. Sharma, during the in-camera proceedings, found prima facie evidence against Wasim Akram Malik for framing charges against him, sources said.

The court found sufficient evidence against Malik under penal provisions dealing with criminal conspiracy, murder and attempt to murder and various terror charges, the sources said.

“In my view, prosecution has collected sufficient evidence to frame charges under Section 120 B (criminal conspiracy), 440 (mischief committed for causing death) 436 (mischief by explosive substance), 302 (murder), 307 (attempt to murder), 325 (voluntarily causing grievous hurt), 323 (voluntarily causing hurt) of the Indian Penal code and under section 4 (explosion used to endanger human life) of the Explosive Substances Act,” the court said.

The court fixed Sep 18 for the order on the framing of charges against Malik, who is in judicial custody. He is the first accused against whom the charges would be framed.

The court, however, dropped against him the charges dealing with waging war against the state and conspiracy and collecting arms to wage a war against the country.

“Merely because a bomb had been exploded out side the Delhi High Court and in the e-mails there was reference of release of Afzal Guru (2001 parliament attack convict), it does not mean that these three offence are made out,” said the court.

The NIA in March filed a charge sheet against six accused, including a minor.

Malik and another accused, Amir Abbas Dev, were arrested in September 2011. Amir Abbas Dev has turned approver in the case and is in judicial custody.

The other accused in the case are Malik’s brother and alleged Hizbul Mujahideen terrorist Junaid Akram Malik, Shakir Hussain Seikh alias Chota Hafiz and Amir Kamal. They are on the run.

“Wasim Malik, an avid internet user, is one of those leaderless jehadis who conspired with the terrorists of the Hizbul Mujahideen and other outfits and executed this cowardly and inhuman terrorist action,” the NIA said.