A Division Bench of Justices Suresh Kumar Kait and Manoj Jain passed the order on April 22.
The Court noted that Malik attended the meetings where the aspects of riot-like violence and burning of Delhi were openly discussed.
The same is not acceptable in a democratic nation, the Court underscored.
It said that in the meeting, there were also talks of “finances, arranging arms, procuring of petrol bombs for killing of people and arsoning of property and destruction of CCTV installed in the area”.
“In the present case, there is enough material on record which clearly indicates that the appellant herein was a co-conspirator and has committed the offence for which he has been charge-sheeted,” the Court said.
It added,
“Therefore, in view of bar provided under Section 45 D (5) of UAPA, we do not find any merit in the present appeal and the same is accordingly dismissed, while making it clear that any observation made hereinabove shall not be construed as an expression on the merits of the case and the learned Trial Court, while deciding the charges, shall not be influenced, either way, by any observation made herein above,” the High Court added.
Source: Barandbench
