Delhi High Court Lifts Ban on Framing Charges in Major Riot Conspiracy Trial

On Wednesday, the Delhi High Court stepped in and scrapped an earlier order that had effectively put a freeze on the trial court’s power to frame charges in the sprawling conspiracy case stemming from the 2020 Delhi riots. The move, the court said, was meant to ensure that the criminal justice process is not unduly hampered.

For a while now, the trial court had been sitting on the sidelines, unable to lay down the formal accusations against a host of alleged conspirators – politicians, activists and a few ordinary citizens – who are accused of having orchestrated, or at least abetted, the communal violence that erupted in February 2020. That freeze was the result of a petition that argued the charge‑framing exercise was premature and could prejudice the accused.

But the High Court, after hearing arguments from both sides, concluded that the restriction was too sweeping. "A trial court cannot be barred indefinitely from performing its statutory duty of framing charges," the bench observed, adding that the lower court can still exercise discretion to decline or modify any charge if it finds the evidence insufficient.

Legal experts say the decision is a procedural win for the prosecution, which has been battling a maze of delays. "It doesn't mean the accused are guilty, of course," noted senior advocate Arvind Kumar, "but it does restore the normal flow of the case. The court can now examine the FIRs, the police reports and decide what offences, if any, should be formally listed."

The larger conspiracy case is no small matter. It covers alleged coordination across several districts, with accusations ranging from incitement to violence to conspiracy to commit murder. The police have already filed charge sheets against more than a dozen individuals, but the case has been snarled by procedural wranglings ever since it was registered in early 2021.

Meanwhile, political leaders on both sides of the aisle have weighed in. A senior member of the ruling party warned that "justice delayed is justice denied," while opposition voices accused the state machinery of protecting certain interests. The High Court’s order, they argue, is a reminder that the judiciary can act as a check when other branches stumble.

Going forward, the trial court is expected to convene a charge‑framing hearing within the next few weeks. That will likely involve a detailed examination of each allegation, with the judge deciding whether there is sufficient prima facie evidence to proceed. If the charges are framed, the case will move into the next stage – a trial that could stretch for months, if not years.

For now, the verdict offers a sigh of relief to the prosecution and a warning to the defence: the legal road is opening again, and the wheels of justice are set to turn.