Court convicts five men in 2020 NE Delhi riots case

A Delhi court has convicted five men for assaulting police officers, obstructing public servants and participating in an unlawful assembly in Bhajanpura during the northeast Delhi riots of 2020

A Delhi court has convicted five men for assaulting police officers, obstructing public servants and participating in an unlawful assembly in Bhajanpura during the northeast Delhi riots of 2020.

The court will hear arguments on the quantum of sentence on September 16. (Photo for representation)

Additional sessions judge Parveen Singh of Karkardooma Courts passed the order on September 9, convicting Arif, Mohd Khalid, Abdul Sattar, Tanveer Ali and Hunain. The court will hear arguments on the quantum of sentence on September 16.

The case arose from violence near the Bhajanpura petrol pump on February 24, 2020. The prosecution alleged that a large mob protesting against the Citizenship Amendment Act (CAA) and National Register of Citizens (NRC) crossed the road divider, attacked police personnel, vandalised the petrol pump and set it and nearby vehicles on fire.

The prosecution examined 26 witnesses during the trial. The Special Public Prosecutor argued that injured witnesses established the violence, while police and other witnesses established that the five men were part of the mob that attacked police, indulged in stone-pelting and vandalism and set the petrol pump on fire.

The court in its judgement, accepted a substantial part of the evidence, finding that “a mob of around 100-150 people had gathered near the petrol pump and had a common object of rioting, arson, criminal mischief and vandalism”.

“The said mob was raising slogans against CAA/NRC and from its conduct it can be safely gathered that it has assembled with a common object of committing riot, arson, criminal mischief and vandalism,” the judge said.

The court also held that the prosecution had established the presence of all five accused in the unlawful assembly. “Through the testimonies of five witnesses, the prosecution, beyond all reasonable doubts, has proved that accused Tanveer, Hunain, Arif Malik, Mohd. Khalid and Abdul Sattar were members of the aforesaid unlawful assembly,” it said.

The five were convicted under Indian Penal Code (IPC) provisions relating to rioting, assaulting or obstructing a public servant while suppressing a riot, and assault or use of criminal force to deter a public servant. The maximum sentence for these offences is three years.

The court, however, acquitted them of the more serious charges of setting the petrol pump on fire, burning vehicles, causing grievous injuries and causing property damage.

The court said Delhi Fire Service (DFS) reports produced by the prosecution did not establish that the petrol pump had been set ablaze at the alleged time. It also noted that another fire report collected during the investigation had not been proved in evidence.

The judge consequently found “very serious doubts” over the allegation that the mob had set the petrol pump on fire around 2pm on February 24.

“It is possible that this riotous unlawful assembly which was indulging in arson... the witnesses might have taken it that they had set fire to the petrol pump,” the judge said.

The court also rejected the charge concerning burning of vehicles. While witnesses consistently spoke of vehicles being set ablaze, the investigating officer failed to identify the vehicles or examine their owners.

“On account of this laxity on the part of the IO [investigating officer], despite consistent testimonies of vehicles being set ablaze by this assembly, the penal charge of mischief by fire also must fail,” the court said.

Despite these shortcomings, the court held that the prosecution had established the unlawful assembly, the five accused’s membership of it, and their obstruction and assault/resistance against public servants.

The five were accordingly convicted of the four offences, while the remaining charges failed for want of sufficient evidence.