Trial against HC blast accused starts

15 people were killed, 79 injured in the bomb attack last year

A court here on Monday started trial against Wasim Akram Malik, arrested by the NIA for his alleged role in the Delhi High Court blast last year.

During an in-chamber hearing, district judge H S Sharma recorded the statement of Amir Abbas Dev, who was also arrested by the National Investigation Agency for his alleged role in the case. But he later turned approver and was granted pardon by the judge.

According to court sources, Dev deposed about the alleged planning by Malik and other accused, who are yet to be arrested, to execute the September 7, 2011 blast at the High Court’s reception, killing 15 persons and injuring 79.

Dev told the court about the sequence of events that led to the blast, and also described the conspiracy hatched between the other accused, sources said.

He also referred to a statement given by him before a magistrate under Section 164 of the CrPC.

The statements recorded by the magistrate binds a person and any deviation from it during the trial will make him liable for prosecution for perjury. The court will continue recording Dev’s evidence on Tuesday.

Malik faces trial under the provisions of stringent anti-terror law — the Explosive Substance Act, the Unlawful Activities (Prevention) Act and the IPC — after the court found prima facie evidence against him.

Charges

The court has framed charges against Malik for offences punishable under Sections 120-B (criminal conspiracy), 440 (mischief committed after preparation made for causing death or hurt), 436 (mischief by fire or explosive substance), 302 (murder), 307 (attempt to murder), 323 (causing hurt) and 325 (voluntarily causing grievous hurt) of the IPC.

But the court had declined NIA’s plea to prosecute Malik under the stringent charge of “waging war against India”, saying merely because an email referring to the release of Parliament attack case convict Afzal Guru was sent by the accused after the blast, it doesn’t mean that an offence against the state was committed.

The NIA had moved the High Court on September 18 against the trial court’s order to drop the charge of “waging war against India”.

The court, while framing the charges, had also referred the statement given by Dev and other prosecution witnesses. Malik was in Delhi on June 29 last year and had conducted a recce of various areas, including the High Court.

The NIA had filed its chargesheet against six persons, including Malik, Dev and a minor, and three others — Amir Kamal, Junaid Akram Malik and Shakir Hussain Sheikh alias Chhota Hafiz — who are suspected to be members of terror group Hizb-ul Mujahideen. These three have been evading arrest.

The minor’s case is being adjudicated separately.

The terror attack at the High Court was plotted with an aim to get the death sentence of Afzal Guru commuted to life term, the NIA had said.