HC blast: Court orders framing of charges against Malik

District Judge H S Sharma slated September 18 for framing charges of murder, attempt to murder, criminal conspiracy and causing grievous hurt under the Indian Penal Code against against Malik after finding prima facie evidence of his role in the terror attack.

The court also ordered framing of charges for various offences under the Unlawful Activities Prevention (UAP) Act and the Explosive Substance Act against Malik.

Besides Malik, Amir Abbas Dev was also arrested by the National Investigation Agency for his alleged role in the blast at the high court on September 7, 2011.

Dev, however, had later turned approver for the NIA. He is currently in judicial custody. Dev earlier had recorded his statement in-camera under Section 164 of the CrPC before a magistrate in connection with the case after turning approver.

The statements recorded by a magistrate under Section 164 of the CrPC binds a person to it and any deviation from it during the trial makes him liable to be tried for committing perjury.

The NIA had filed charge sheet against six, including three arrested accused Malik, Dev and a minor, besides three others - Amir Kamal, Junaid Akram Malik and Shakir Hussain Seikh alias Chota Hafiz, who are suspected members of banned terror outfit Hizb-ul Mujahideen and evading arrest. The minor's case is being adjudicated separately.

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

The charge sheet against the six accused was filed under various sections of the IPC dealing with murder, criminal conspiracy, waging war against the nation, attempt to murder, causing grievous hurt and others, besides various offences under the Explosive Act and the UAP Act.