Delhi Riots: High Court Rejects Khalid Saifi's Plea Against Attempt To Murder Charges

The Delhi High Court on Tuesday (November 5) dismissed a plea moved by United Against Hate founder Khalid Saifi challenging the framing of attempt to murder charges against him in a case concerning the 2020 North-East Delhi riots.

“The petition is dismissed,” a single judge bench of Justice Manoj Kumar Ohri said while pronouncing the verdict.

FIR 44 of 2020 was registered by the Delhi Police at Jagat Puri police station.

Earlier this year, the trial court had framed charges of rioting, unlawful assembly and attempt to murder against Saifi, former Congress councillor Ishrat Jahan and 11 others.

However, they were discharged for the offences under Section 34, 120B and 109 of Indian Penal Code, 1860, and Section 25 and 27 of the Arms Act.

Senior Advocate Rebecca M. John with Advocate Anushka B appeared for Saifi. Delhi Police was represented by APP Sanjeev Sabharwal.

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.

The trial court had 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.

Case Title: Abdul Khalid Saifi v. State

Citation: 2024 LiveLaw (Del) 1197