North East Delhi violence: Court frames charges against six accused for rioting and burning properties
Aug 24, 2023
New Delhi [India], August 24 : Delhi's Karkardooma Court on Wednesday framed charges against six accused persons for allegedly attacking Hindus and damaging their property by setting them ablaze during the Delhi riots of 2020. This case pertains to the area of police station Bhajanpura.
Additional Sessions Judge (ASJ) Pulastya Pramachala framed charges against six persons for the alleged offences of rioting, theft, arson, unlawful assembly, etc.
"I find prima facie a case against all the accused persons for being part of an unlawful assembly with the common object of attacking Hindus, thereby damaging their properties and setting them ablaze," ASJ Pramachala said in the order passed on August 23.
Accordingly, I find accused persons, namely Hashim Ali, Abu Bakar, Mohd. Ajeej, Rashid Ali, Nazmuddin alias Bhola, and Mohammad Danish, liable to be tried for offences punishable under sections 148/380/427/435/436 IPC read with Section 149 IPC as well as under Section 188 IPC, as ASJ Pramachala ordered.
On February 28, 2020, an FIR in the present case was registered on the written complaint dated February 28, 2020, of one Naresh Chand. In his complaint, he alleged that on February 25, 2020, at about 4:30 PM, the situation in the area around his house in his gali in Shiv Vihar, Delhi, was abnormal. Thereafter, at around 5 PM, some rioters barged into his house.
It was further alleged that he and his family members cried and shouted to save their lives and were saved by other people. Rioters ransacked his house and thereafter set it on fire.
Even the motorcycle, which was parked in the gallery, as well as three shops in the house, were also put on fire, he alleged.
It was also alleged that in this incident, a fridge, LED 40”, cash, jewellery, and four cylinders were also looted by this mob. They also vandalised the whole house.
During the investigation, the DVR of the CCTV installed at the house of the complainant was taken into possession on April 4, 2020. The CCTV footage was analysed. The complainant and his son Umakant identified accused Hasim Ali and Abu Bakar as being part of the riotous mob that had set his house on fire.
On the same day, the complainant also identified the sons of Hasim Ali, namely Rashid, Ajeej, Shanu, Salim Ali, and Bhola, as some of the rioters who were involved in arson, looting, and vandalism. On the identification of Umakant, accused Hasim Ali and Abu Bakar were arrested in the case on April 4, 2020. Thereafter, other accused persons were also arrested.
On July 11, 2023, subsequent supplementary chargesheets were filed directly before this court. As per this supplementary chargesheet, the prosecution took the stand to prosecute the preset case for the complaint of Naresh Chand along with the complaint of Dharampal Singh.
He alleged that he had been running his clinic in Gali No. 12, Phase-VI, Main Road, 25 foota road, Shiv Vihar, for 20 years. It was further alleged that rioters damaged all the articles in his clinic and set them on fire.
Special PP Nitin Rai Sharma argued that witness Umakant stated in his statement dated December 7, 2021, that Shanu is Danish. It was further argued that both eyewitnesses had stated the role and presence of accused Bhola and Ajeej.
He further argued that there is no need to point out specific roles played by the accused persons as, by virtue of Section 149 IPC, all members of the mob become liable for the offences committed by the mob.
