Delhi riots: Around 286 chargesheet filed; only eight taken cognizance of

new delhi: As a Delhi court on Thursday took cognizance of the Special Cell's chargesheet against anti-CAA protesters under the draconian anti-terror law — Unlawful Activities (Prevention) Act (UAPA), court records revealed that of the around 286 chargesheet filed by the police in the 751 cases registered to probe the north-east Delhi riots, courts have taken cognizance of only eight chargesheet.

Court records available at the office of the Chief Metropolitan Magistrate at the Karkardooma district courthouse, which have been accessed by Millennium Post, have shown that a total of 225 chargesheet and supplementary chargesheet had been filed by the police in FIRs registered under police stations of the north-east district. However, as of 5 pm on Thursday, the court had taken cognizance of only seven of these chargesheet.

Of the four courts designated for trying cases related to the February riots, two have jurisdiction for cases registered under the north-east district and the other two have jurisdiction for cases registered under the Shahdara district.

While the court records for north-east district cases have been confirmed by two court staff, who wished to remain anonymous, as for the chargehseet filed in cases under the Shahdara district, cognizance has been taken in only one chargesheet — the 17,500-page one submitted by Delhi Police on Wednesday.

Two staff members who handle filings at the additional sessions court confirmed that 60-70 chargesheet had been filed in the riots cases registered at police stations of Shahdara district.

Of the total eight chargesheet of which cognizance has been taken six are filed in cases originally registered at the Gokulpuri police station, one is in a case registered at Dayalpur police station and the other one is the "main conspiracy" case registered at the Crime Branch police station on March 6.

Apart from the Crime Branch chargesheet against anti-CAA protesters, all other chargesheet of which cognizance has been taken are murder cases. Four of these are chargesheet filed against members of the WhatsApp group "Kattar Hindut Ekta Group" who went on a rampage, killing at least nine Muslim men after identifying their religion by forcing them to chant "Jai Shri Ram". Two other chargesheet filed in FIR number 156/2020 and FIR number 149/2020 - both originally registered at the Gokulpuri police station.

One other chargesheet of which cognizance has been taken is the one filed in FIR number 65/2020 of police station Dayalpur - which was filed for the murder of Intelligence Bureau official Ankit Sharma. This chargesheet is one among others that name former AAP councillor Tahir Hussain as an accused.

Court staff at Karkardooma district court said that cognizance had not been taken of many chargesheet for largely two reasons. Staff members at the court of the CMM said that the chargesheet filed there are extremely voluminous and that that was what was taking so long. Moreover, a separate staff member added that the pandemic had resulted in slow work at the courthouse.

Taking cognizance of a chargesheet is one of the key steps to begin trial and proceed with prosecuting a case. Once the court takes cognizance of a chargesheet, it can then call for the accused to be produced and go on to hear both the prosecution and the defense on the framing of charges.

After a court hears both sides, it will have the power to drop certain charges filed by the prosecuting agency if it finds no merit in them. Following this, the trial in the case can begin where both sides can argue on the charges as framed by the court.

Nearly seven months after the riots that killed at least 53 people and injured scores of others, destroyed homes, shops and livelihoods; while the Delhi Police is filing a barrage of chargesheet forwarding its theory of criminalising the peaceful anti-CAA protests for purportedly "conspiring" to cause the riots; several students and activist continue to languish in jails waiting for their cases to proceed in the judicial system.