"An Off Shoot Of Communal Riots": Court Frames Charges Against Two For Setting Ablaze Houses, Mosque During Delhi Riots

A Delhi Court has framed charges against two men namely Mithhan Singh and Jony Kumar for setting ablaze private houses and Fatima Mosque during the North East Delhi riots that rocked the national capital last year.

"It is true that these witnesses had not come forward to lodge a complaint with the police or to get their statements recorded soon after the incident. However, it has to be borne in mind that this case is an off shoot of communal riots which erupted in North East District on 24.02.2021 and continued till 26.02.2020 when the situation was brought under control by the police and paramilitary force," Additional Sessions Judge Virender Yadav observed.

The Court charged Singh under Sections 109 (abetment), 114 (Abettor present when offence is committed), 147 (rioting), 148 (Rioting, armed with deadly weapon), 149 (unlawful assembly), 427 (Mischief), 392 (robbery), 436 (Mischief by fire or explosive substance) and 451 (House-trespass) of IPC whereas Kumar was charged under Sections 147, 148, 149, 392, 427, 451 and 436.

It was the prosecution's case that the complainant, one Israfil, alleged that his cash and jewellery articles were looted and thereafter his house was damaged and set on fire by a mob.

According to him, the accused persons were part of the violent mob who were raising slogans "Jai Shree Ram" near his house and then set ablaze his house.

It was alleged by the complainant that Mithhan Singh brought one small gas cylinder from his house which he handed over to his son Jony Kumar and exhorted him to throw the same into the mosque whereupon Jony Kumar threw the cylinder into the mosque and thereafter both of them alongwith other persons in the mob started throwing bottles containing inflammable material upon the houses belonging to a particular community.

The prosecution also submitted there were other eye witnesses to the incident who had seen these two in the mob damaging and setting ablaze their houses as well as Fatima Masjid.

On the other hand, the accused counsel argued that the statements were after delay of about 10 days from the date of incident, which remained unexplained by the prosecution.

"All these witnesses have clearly stated that they knew both the accused very well, who used to reside in their neighborhood. Hence, it would not have been difficult for them to identify the two accused in the mob. The manner in which the witnesses have narrated the incident of rioting, stone pelting and setting ablaze the properties by the mob nowhere indicates at this stage that these witnesses were the planted witnesses," the Court said.

The Court also added that since there was an atmosphere of terror and trauma which prevailed in the area for several days even after the riots, the delay of about one week in reporting the incident to the police would appear justified to any prudent person and could not be considered fatal to the prosecution case.

Accordingly, charges were framed in the matter.

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