Delhi Riots: Court Frames Charges Against Six Men For Vandalisation, Causing Injuries To Police Personnel; Four Discharged

A Delhi Court has framed charges against six men in a case concerning the North East Delhi riots of 2020 accused of being members of a riotous unlawful assembly which indulged in vandalization and arson in city's Khajuri Khas and Bhajanpura areas and also causing injuries to public persons as well as several police personnel.

Additional Sessions Judge Virender Bhat however discharged four others for lack of proof.

FIR 98 of 2020 PS Khajuri Khas was registered recorded on the basis of statement of Head Constable Anil Kumar, who alongwith other staff was on duty in the said areas to control the riots and maintain law and order.

The FIR alleged that the mob had committed vandalization and thereby set ablaze various shops, rehris as well as police booth Bhajanpura. Several public persons as well as police personnels are stated to have got injured in stone pelting resorted to by the said mob.

The Court framed charges against Sarfraz, Firoz, Ikram, Mustaqueem, Gulfam @Zubair and Saddam @ Ikrar under sec. 147, 148, 186/l, 188, 332, 353, 427, 436 and 149 of IPC read with sec. 3 and 4 of PDPP Act. Co Accused namely Gulfam, Javed, Anas and Shoaib Alam were however discharged of all the offences.

While the counsels appearing for Sarfraz and Firoz had conceded framing of charges against them, the Court noted that Accused Sarfraz was one of the rioters, who was apprehended at the spot. It also noted that the remaining two rioters , who were stated to have been apprehended at the spot were Ikram and Mustaqueem.

"As many as 9 police officials have identified these three accused namely, Sarfraz, Ikram and Mustaqueem as the members of the unlawful assembly on 24.02.2020 which was responsible for vandalization and arson in Karawal Nagar in which the police booth Karawal Nagar was set ablaze. All these 9 police officials have suffered injuries in the stone pelting resorted to by the riotous mob. Their MLCs are on record which depict the injuries sustained by them in the incident. Thus, it is prima­facie evident that these police officials were present on duty at the spot and had the occasion to see and identify the rioters," the Court observed.

It added "It is manifest from the statements of these police officials that accused Sarfraz, Ikram and Mustaqueem were the members of the above riotous mob. There is nothing on record to suggest at this stage that these three accused were only bystanders and did not share the common object of the assembly which was to commit vandalization and arson or that they had at any point of time dis­associated from the unlawful assembly. Hence, charges are liable to be framed against Ikram and Mustaqueem also."

The Court also noted that the other accused persons against whom charges have been framed were identified by police persons as well as some public witnesses.

Regarding four accused namely, Anas, Javed, Shoaib Alam and Gulfam, the Court noted that they were arrested on the basis of the disclosure statement of accused Firoz and that there was only witness regarding their identification as rioters who had identified them in the abovenoted video footage.

"There is no other witness, who has either directly or indirectly seen or identified these four accused as members of the unlawful assembly on 24.02.2020," the Court noted.

It added "When an unlawful assembly or a large number of persons take part in arson or in a clash between two groups, in order to convict a person, at least two prosecution witnesses have to support and identify the role and involvement of the persons concerned."

Accordingly, the four were discharged.

Advocates Tara Narula and Tamanna Pankaj represented discharged accused Gulfam and Shoaib Alam.

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