2020 Delhi riots: Ishrat Jahan, 12 others charged with attempt to murder

New Delhi: A Delhi court on Friday framed charges of attempt to murder, rioting, unlawful assembly and other related offences against former Congress councillor Ishrat Jahan, activist Khalid Saifi and 11 others in a case related to the 2020 North-East Delhi Riots.

“I am of the opinion that prima facie, there are grounds for presuming that accused persons namely Jahan, Saifi, Vikram Pratap, Samir Ansari, Mohd. Salim, Sabu Ansari, Iqbal Ahmed, Anzaar, Mohd. Ilyas, Mohd. Bilal Saifi, Salim Ahmed, Mohd. Yameen and Sharif Khan have committed offences”, said additional sessions judge (ASJ) Amitabh Rawat.

The court framed charges against 13 accused persons under Section 147 (rioting), 148 (rioting armed with deadly weapon), 186 (obstructing public servant in discharge of public functions ), 188 (Disobedience to order duly promulgated by public servant), 332 (voluntary, causing her to deter public servant from discharging duty,), 353 (assault, or criminal force to deter public servant from discharge of his duties) and 307 (attempt to murder) of the Indian Penal Code (IPC) read with Section 149 (every member of unlawful assembly guilty of the offence committed in prosecution of a common object,) IPC.

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Additional sessions judge Amitabh Rawat, however, discharged all the accused for the offences under Sections 34 (act done by several persons in furtherance of a common intention), 120-B (criminal conspiracy) and 109 (abetment) IPC along with sections 25 and 27 of the Arms Act.

The court was hearing the case regarding an incident which took place on February 26, 2020, when a huge crowd gathered at Masjidwali Gali, Khureji Khas to carry out a flag march.

Delhi police had alleged that Jahan instigated the crowd while Saifi told the crowd to do stone pelting on the police. On the instigation, the crowd pelted stones while one juvenile fired at the police party, according to the police.

While framing charges, the court observed the statements given by the complainant, Delhi police head constable Yograj, who is also the eyewitness to the incident, brought out the offences and roles of all the accused persons.

Judge Rawat observed that the witness mentioned the unlawful assembly, instigation by accused Jahan and Saifi, abuses and violence upon the police.

“HC Yograj, who is the complainant and an eyewitness to accused persons forming part of the armed unlawful assembly, which in the prosecution of their common object, on the instigation of Jahan and Saifi did stone pelting on the police force while one juvenile of that unlawful assembly fired at HC Yograj”, the court said.

The court, however, said that there is a lack of clarity about the exact time of the incident of firing.

“The flag march took place at around 12.15pm and thereafter, the incident of unlawful assembly protesting and the assault on the police, including the firing at HC Yograj continued till around 1.30pm”, the court said.

It was also observed that Yograj had identified and named all the accused persons at the first available opportunity.

The eyewitness and victim, HC Yograj, had specifically named all the 13 accused persons at the first available opportunity when he gave a statement to record the present FIR (first information report) immediately after the incident, the court said in the order.

The court thus observed that based on the charge sheet filed by the Delhi police and the statements given by the eyewitnesses, the court found prima facie grounds to frame charges against the accused persons.

The North East Delhi riots which took place on 23 February 2020 left at least 53 dead and over 400 injured.