The Delhi Court has ordered the separation of the trials of defendants’ happiness to Hindu and Muslim religions, once relating to the Godhra communal riots trial in a case concerning the Delhi riots. Extra Sessions decided Vinod Yadav was handling an FIR whereby five accused persons, as well as three Hindus and a pair of Muslims, were placed in a trial involving charges of disorder and the murder of one Salman.
Now, a strange scenario has developed as to whether the trial can proceed with a diverse group of defendants from many religions allegedly working under two separate conspiracies and unlawful assemblies. The defence of accused people of various religions would undoubtedly be prejudiced as a result of this,” the court remarked.
As a result, the Court cited the Godhra trial, in which the Gujarat High Court ordered the trial of accused persons from two different communities to be separated. “In light of previous judicial precedent,” the Court ruled, “this court also deems it necessary to separate the accused people’ trials so that their defence will not be harmed.”
As a result, the court ordered DCP, Crime Branch, to supply the court with an entire set of charge sheets in physical form within a fortnight.
The Ahlmad is then directed to file a separate Sessions Case number during this FIR, which can be SC no.3A/2021, and therefore the existing charge sheet shall be treated as a charge sheet for three accused persons, namely Kuldeep, Deepak Thakur, and Deepak Yadav, while the other charge sheet shall be treated as a charge sheet for accused persons Mohd. Furkan and Mohd. Irshad,” the Court added.
The accused were charged under sections 147, 148, 149, 153-A, 302, 436, 505, 120-B, and 34 of the Indian Penal Code.
