Delhi HC blast: Court to frame charges against Malik on Oct 1

While dropping the charge of stringent penal offence of waging war against India on September 4, District Judge H S Sharma had decided to frame charges of various other offences under the Indian Penal Code, the Explosive Substance Act and the Unlawful Activities (Prevention) Act against Malik.

The court had declined the NIA's plea to prosecute Malik for the offence of waging war against India saying that merely because an e-mail referring to the release of Parliament attack case convict Afzal Guru was sent by accused after the blast, it does not mean that an offence against the state was committed.

It had decided to frame charges for offences punishable under section 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 against Malik.

It had also decided to frame charges under various sections of the Explosive Substance Act and the Unlawful Activities (Prevention) Act against Malik after finding prima facie evidence of his role in the September 7, 2011 terror attack at the high court's reception in which 15 people were killed and 79 others were injured.

The NIA had moved the Delhi High Court on September 18 against the trial court's decision to drop the charge of waging war against India against Malik.

The high court has issued notice to Malik seeking his response by October 16 on the NIA's plea.