Delhi Riots: Court Frames Attempt To Murder Charges Against Ishrat Jahan, Khalid Saifi & Others; Discharges Them Under Arms Act

A Delhi Court on Friday framed charges of rioting, unlawful assembly and attempt to murder against former Congress councillor Ishrat Jahan, Khalid Saifi and 11 others in a case concerning the 2020 North-East Delhi riots. (FIR 44 of 2020, PS Jagat Puri)

Additional Sessions Judge Amitabh Rawat, now transferred to Rouse Avenue Courts, however discharged them for the offences under Section 34, 120B and 109 of Indian Penal Code, 1860, and Section 25 and 27 of the Arms Act.

The court framed charges against the 13 accused persons for the offences under Section 147 (Punishment for Rioting), 148 (Rioting armed with deadly weapon), 186 (Obstructing public servant in discharge of public functions), 332 (Voluntarily causing hurt to deter public servant from his duty), 353 (Assault or criminal force to deter public servant from discharge of his duty), 307 (Attempt to Murder) read with Section 149 (Every member of unlawful assembly guilty of offence committed in prosecution of common object) of IPC.

Judge Rawat said that prima facie, there were grounds for presuming that the offences were committed by the accused persons.

Both Ishrat Jahan and Khalid Saifi were also arrested in FIR 59 of 2020, the UAPA case alleging a larger conspiracy into the riots being probed by Delhi Police's Special Cell. While Jahan was granted bail in the case and is presently out of prison, Saifi remains in judicial custody and his bail plea is pending adjudication in the Delhi High Court.

All accused persons are Ishrat Jahan, Khalid Saifi, Vikram Pratap, Samir Ansari, Sabu Ansari, Iqbal Ahmed, Anzaar, Mohd. Ilyas, Mohd. Bilal Saifi, Salim Ahmed, Mohd. Yameen and Sharif Khan. 

It was the prosecution's case that during the riots, a flag march was done in city's Khureji area and the crowd, involving the accused persons, refused to abide by Delhi Police's order to disburse.

It was alleged that Ishrat Jahan, Khalid Saifi and other accused, as identified by the Beat Staff, abeted the crowd not to leave the area and also to throw stones on the police force.

As per the FIR, firing took place towards the police, protesters manhandled the cops and a constable as well as head constable was injured in the incident.

While framing charges against the accused persons, Judge Rawat observed that the public witnesses mentioned about the unlawful assembly, instigation by accused Isharat Jahan and Khalid Saifi, abuses and violence upon the police despite the request to disperse.

“There is a lack of clarity about the exact time of the incident of firing. The Flag March was taking place at around 12.15 pm and thereafter, the incident of unlawful assembly protesting, police requesting and the assault on the police including the firing at HC Yograj continued till around 1.30 pm. Though there is a little discrepancy about the time which could have been clarified by the IO but was not done, yet the time frame is clear and witnesses can clarify the same during trial,” the court said.

It added that the statement of the injured head constable, where he identified all the accused persons as part of the unlawful assembly, their refusal to disperse, the instigation with violence committed by them against the police including firing at the cop, are sufficient factors at the stage of charge for attracting the offences of attempt to murder and unlawful assembly.

“All accused persons cannot be charged for the offence under Section 25/27 Arms Act as the juvenile is claimed by the prosecution to have possessed the firearm and which was used by him to fire at HC Yograj. Accused persons are accordingly discharged under Section 25/27 of Arms Act,” the court said.