Delhi court sets aside discharge of Congress’s Asif Mohammad Khan in 2010 case

Special judge Geetanjli Goel on Tuesday sent the case back for framing of charges and the trial for alleged rioting, obstructing public servants, mischief, voluntarily causing hurt

Delhi’s Rouse Avenue court has allowed a revision petition against an additional chief metropolitan magistrate (ACMM)’s order in October discharging former Congress lawmaker Asif Mohammad Khan and others in a 2010 case related to rioting and manhandling of police personnel.

Khan and his supporters allegedly threw stones at the Jamia Nagar police station while seeking the filing of a case (Shutterstock)

Special judge Geetanjli Goel on Tuesday sent the case back to the ACMM for framing of charges and the trial for alleged rioting, obstructing public servants, mischief, voluntarily causing hurt, etc.

Khan and his supporters allegedly threw stones at the Jamia Nagar police station while seeking the filing of a case.Two police personnel were injured when they tried to disperse the crowd as the situation got out of hand.

The accused allegedly obstructed police from performing their duties by using sticks and destroyed government property.

Goel said statements of public and police witnesses could not be discarded. “...More so as police persons were also victims and from the material on record including the statements of the witnesses, it is seen that there is sufficient material on record to prima facie make out a case for the offences...,” the court said.

Goel set aside the discharge order saying it suffers from infirmities and illegalities. ACMM discharged Khan and the other accused noting serious discrepancies and infirmities in the prosecution’s case.