During an in-chamber hearing on Tuesday, district judge I S Mehta said that he will frame the additional charges under Section 121 (waging war against the country) of the IPC against Malik, court sources said. Besides this, the court is also likely to frame charges under Sections 121A (conspiring to commit certain offences against the State), 122 (collecting arms with the intention of waging war against government) and 123 (concealing with intent to felicitate a design to wage war) of the IPC against Malik, the sources said.
The trial court had earlier declined the plea of NIA to prosecute Malik under the charge of waging war against India which entails maximum punishment of death penalty, but the HC had ruled otherwise.
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 currently in jail under judicial custody. On October 1 last year, the trial court had framed charges, including that of murder, against Malik under the Unlawful Activities (Prevention) Act and the Explosive Substance Act for his alleged role in the terror attack at the court's reception in which 15 people were killed and 79 injured.
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