NEW DELHI, May 1: With co-accused-turned-approver in September 2011 Delhi High Court blast case trial Amir Abbas Dev testifying that he does not know the meaning of ‘Jihad’, contradicting his earlier statement to the NIA, a court here today said it will query him on the issue.
During an in-chamber hearing, District Judge I S Mehta disposed of National Investigation Agency’s (NIA) plea to re-examine Dev following “ambiguity” in his statement and framed a “court question” regarding the meaning of ‘Jihad’, court sources said.
During the recording of evidence earlier, Dev was asked by accused Wasim Akram Malik’s advocate Mehmood Pracha what does he mean by the word ‘Jihad’ and the witness had said that he does not know, the sources said.
The DJ today framed a question to be asked to Dev saying, “I have perused the statement of PW 1 (Dev). It requires clarification. I accordingly frame the court question ‘what does the ‘Jihad’ mean in his statement’ concluded till April 18, 2013 subject to the cross examination of both the parties i.e. Accused as well as the NIA.”
NIA had moved the court saying there was “ambiguity” in Dev’s statement and it should be made clear “either from the court question” or from allowing their plea for re-examining him on the point as to what does ‘Jihad’ means as stated by him in his deposition.
Advocate Pracha had opposed the NIA’s plea saying after recording of the statement, Dev was “tutored” by the NIA to fill the lacunae which have come during the cross examination.
Dev, who was initially arrested in connection with the blast at Delhi High Court’s reception on September 7, 2011 which killed 15 people, later turned approver.
The court had first recorded Dev’s statement after the trial against Wasim Akram Malik, the sole arrested accused in the case, had commenced on April 1, this year.
The court has now fixed the matter for further hearing
on May 20 when it would also hear arguments on bail application of Dev.
During the hearing on NIA’s plea, Pracha had said that the method adopted by the court for Dev’s cross examination was cautious and transparent as every question was first dictated in English and then it was explained in Hindi to the witness.
Dev had earlier given two statements before a magistrate under section 164 of the CrPC and both his testimonies were placed before the special NIA court during his examination in the trial.
The statement, recorded by a magistrate under section 164 of the CrPC, binds a person and any subsequent deviation would make him liable for prosecution for the offence of perjury.
In his two statements, Dev had given details of conspiracy behind the blast at the High Court’s reception and also stated about the hatching of the conspiracy and involvement of other accused in the blast.
The court had earlier framed charges against Malik under various provisions of the IPC, including that of waging war against India, the Unlawful Activities (Prevention) Act and the Explosive Substance Act.
The trial court had initially declined NIA’s plea to prosecute Malik under the stringent charge of waging war against India which entails maximum punishment of death penalty but the Delhi High Court had ruled otherwise.
The trial court had earlier framed charges, including that of murder, against Malik under the IPC, Unlawful Activities (Prevention) Act and the Explosive Substance Act for his alleged role in the attack at the High Court’s reception area.
The court had also 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.
While deciding to frame charges against Malik, the trial court had referred to Dev’s statement to the magistrate under Section 164 of the CrPC.
NIA had filed a charge sheet against six persons, including Malik, Dev and a minor. The minor’s case is being adjudicated separately.
Two others, Amir Kamal and Junaid Akram Malik, suspected members of Hizb-ul Mujahideen terror group and evading arrest, were also named in the charge sheet.
NIA had told the court that the sixth accused Shakir Hussain Sheikh, alias Chota Hafiz, was killed in an encounter with security forces on December 20 last year in Kishtwar in Jammu and Kashmir. (PTI)
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