Court acquits 12 accused in Delhi riots murders, citing lack of evidence

A Delhi court on Friday acquitted 12 men accused of killing two persons in separate instances and throwing their bodies into a drain during the northeast Delhi riots in February 2020, observing that their conversation in a WhatsApp chat confessing the murders does not constitute substantive evidence.

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Additional sessions judge (ASJ) Pulastya Pramachala of Karkardooma court delivered separate judgements acquitting Lokesh Solanki and 11 others in cases related to the murders of Bhure Ali and Aamin (went by a single name), whose bodies were allegedly dumped in the Johripur and Bhagirathi drains in Gokalpuri. The court noted that messages exchanged in a WhatsApp group could not serve as primary evidence to establish the accused’s involvement in the crimes.

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The judge observed, “Such a post may be put in the group solely with the intention of becoming a hero in the estimation of other members of the group. It could be a boast, without truth also.” The court further emphasised that while the chats could serve as corroborative evidence, they could not independently establish guilt.

The murders were part of a larger investigation into nine killings that occurred between the afternoon of February 25 and midnight of February 26, 2020, at the peak of the communal violence. The bodies of the deceased were discovered nearly a week later in early March. The Delhi Police had filed multiple chargesheets linking the crimes to a WhatsApp group named “Kattar Hindu Ekta”, where members allegedly discussed mobilising forces and procuring arms to target members of a different religious community.

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The prosecution, led by special public prosecutor Madhukar Pandey, argued that the accused were part of this WhatsApp group and that chat transcripts contained confessions about killings and disposing of bodies. The police traced the accused using their IP addresses, revealing that most of the SIM cards used for communication were obtained using forged documents, officials said.

According to police, Lokesh Solanki was identified as the first arrest in the case, and during interrogation, he allegedly named others involved in the conspiracy. The prosecution relied on a message from Solanki in which he claimed responsibility for two murders near the Gokalpuri drain on the night of February 26, they added.

On Friday, ASJ Pramachala pointed out inconsistencies in the prosecution’s narrative, including the lack of eyewitness testimony and conflicting timelines regarding the murders. The court also questioned the reliability of chat messages, ruling that such conversations, without supporting substantive evidence, could not be used to establish guilt beyond reasonable doubt. “For want of any substantive evidence, they cannot be given much attention,” the judge stated.

Additionally, the court found discrepancies between Solanki’s message and the prosecution’s claims regarding the timing of the murders, further weakening the case against the accused.