Court Frames Charges Against Five Men For Allegedly Setting Mosque On Fire During 2020 Delhi Riots

A Delhi Court has framed charges against five men for allegedly setting on fire a mosque and other articles lying therein like the Quran, carpet and CCTV cameras during the 2020 North-East Delhi riots.

Additional Sessions Judge Pulastya Pramachala of Karkardooma Courts framed charges of rioting and unlawful assembly against Ankit, Sourabh Sharma, Rohit, Rahul Kumar and Sachin.

The FIR was registered in Karawal Nagar police station on the basis of complaint received by a head constable from one Mohd. Imran alleging that the Allah wali Masjid situated at Shahid Bhagat Singh Colony was set on fire during riots. It was further alleged that a sculpture had also been put on slab outside the door of the Masjid.

During investigation, the CCTV footages of the place of incident were collected. Later, the staff and a head constable identified the accused as being members of the mob who committed vandalism at the mosque.

Framing charges against the five men, the court noted that the statement of an eye witness Ali Ahmed revealed that accused Rohit was “instigating other members of the mob” to set the mosque and other houses of people belonging to the Muslim community on fire.

It was also noted that statement said that accused Saurabh was setting the mosque on fire, while Ankit was taking out articles damaging the same.

“In respect of accused Rahul and Sachin also, it has come in the statement of witness that on 25.02.2020 they were taking articles of mosque outside in the gali and destroying the same. Ali Ahmad has stated that he had seen same accused persons vandalising and setting this mosque on fire on 24.02.2020 at 11 PM,” the court noted.

The judge also took note of the fact that the accused persons were identified to be the member of the mob by the eye witness.

“CCTV footages were used for identification of accused persons and the case basically rests on the account of fact given by eyewitnesses i.e. police officials and public persons, who identified the accused persons and pointed out to them in the CCTV footages. When all the accused persons are alleged to be member of unlawful assembly, it becomes immaterial, if a particular accused is not alleged with any specific overt act regarding setting fire in the mosque,” the court said.

Observing that absence of conducting a test identification parade (TIP) cannot be used by accused for seeking discharge, the judge said that such identification through video cannot be termed as illegal or inadmissible in evidence.

“The same would require to be appreciated on the basis of overall situation behind such identification. This exercise can be done only after the trial,” it said.

The court thus charged the five accused persons under sections 147, 148, 427, 435, 436, 149, 188 and 450 of Indian Penal Code, 1860.

Additionally, accused Rohit was also charged under sections 109 and 114 of the IPC