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HC blast accused escapes serious charge of waging war

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Press Trust of India New Delhi
Last Updated : Jan 24 2013 | 2:10 AM IST

The court did not accept NIA's plea to frame charges of waging war against the country against Malik saying merely because an e-mail referring to the release of Parliament attack case convict Afzal Guru was sent after the blast, it does not mean that an offence against the state was committed.

"These offences (relating to waging war against country) require something more than the one which is available against the accused in this case. Merely because a bomb had exploded outside the Delhi High Court and in the e-mail, there was a reference of release of Afzal Guru, it does not mean that these three offences (of waging war against country) are made out.

"These offences are distinct and are of serious nature. The evidence, even at the stage of framing of charges under these sections (121-A, 122, 123 of IPC) has to be clear and commensurate with the requirement of these sections," District Judge (DJ) H S Sharma said, adding that it cannot be said that the act had been committed to "wage war" against India.

The court ordered framing of charges against Malik for the 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), 325 ( voluntarily causing grievous hurt) and 323 (causing hurt) of the IPC.

It also ordered framing of charges under various sections of the Explosive Substance Act and the Unlawful Activities (Prevention) Act against the accused after finding prima facie evidence of his role in the September 7, 2011 terror attack at the reception of the High Court here in which 15 persons were killed and 79 were injured. (More)

  

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First Published: Sep 04 2012 | 7:55 PM IST

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