Delhi High Court blast case: Wasim Malik faces charge of waging war against India

NEW DELHI: A Delhi court today fixed February 21 for framing additional charge of waging war against India countering Wasim Akram Malik, who is facing trial for his alleged role in the September 2011 Delhi High Court blast case.

The trial judge had earlier declined the NIA's plea to prosecute Malik under the stringent charge which entails maximum punishment of death penalty, but the High Court had ruled otherwise.

During in-chamber proceedings today, District Judge I S Mehta also kept the plea of the National Investigation Agency(NIA) seeking handwriting sample of Malik for consideration on February 21.

According to court sources, the NIA told the judge that the Delhi High Court had passed an order on December 3 last year ordering the trial court to frame charges of waging war against the country against Malik who is presently in jail under judicial custody.

"Put up for consideration of application for taking hand writing sample of accused (Malik) on the next date of hearing and framing of additional charges, after passing of the order by the High Court of Delhi, on February 21," the court said.

The trial court on October 1 last year had framed charges, including of murder, against Malik under the Indian Penal Code (IPC), the Unlawful Activities (Prevention) Act and the Explosive Substance Act for his alleged role in the September 7, 2011 terror attack at the high court's reception in which 15 people were killed and 79 were injured.

The trial judge, however, had declined the NIA's plea to prosecute Malik under stringent charge of waging war against India saying that merely because an e-mail referring to the release of Parliament attack case convict Afzal Guru, who was subsequently hanged on February 9 this year, was sent by the accused after the blast, it does not mean that an offence against the state was committed.

The NIA had then approached the High Court on September 18 last year against the trial court's order dropping the charge of waging war against India against the accused.

The high court had on December 3 last year ordered the trial court to frame charges of waging war against the country against Malik for his alleged role in the terror strike.