Delhi HC issues notice to 2 suspects who shot at Umar Khalid in 2018

The Delhi High Court on Wednesday issued notices to the Delhi Police and two persons accused of shooting at student leader Umar Khalid at the Constitution Club in New Delhi in 2018.

The notices were issued in a petition filed by Khalid in which he challenged a trial court order dropping attempt to murder charges against two men.

A bench of justice Anoop Kumar Mendiratta while seeking responses by the Delhi Police and the accused persons, Naveen Dalal and Darvesh, posted the matter for May 21 for further consideration.

Khalid had approached the high court challenging the city court’s December 6 order.

Additional sessions judge (ASJ) Devender Kumar Jangala while discharging the men under Section 307 (attempt to murder) of the Indian Penal Code observed that none of the witnesses had alleged that the accused had pulled the trigger or attempted to pull the trigger of the pistol, and the material on record did not show that the accused had any definite intention to cause Khalid’s death.

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“The statement and material on record does not show any definite intention to cause death of the complainant/victim by the accused. It is well settled law that while exercising the powers under section 227 Cr.PC, a Judge is not required to act merely as post office or the mouthpiece of prosecution but has to consider peculiarities of the case and the total effect of evidence,” ASJ Jangala had said.

On Wednesday, Khalid appearing through senior Advocate Trideep Pais, submitted that the trial court’s order was shocking and added that the accused had stalked him on Facebook, procured a gun and planned the entire incident.

The incident took place outside the Constitution Club where Khalid went for an event titled ‘Khauff Se Azaadi’. organised by an outfit named ‘United Against Hate’.

The cops had filed a FIR against the two men in 2018 under Sections 307 (attempt to murder), 201 (destroying evidence) and 34 (acts done by several persons in furtherance of common intention) of the IPC and Section 25/27 of the Arms Act.