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Synopsis

A Delhi Court on Saturday discharged Umar Khalid, Khalid Saifi, Jagar Khan, Mohd Illiyas and Tariq Moin Rizvi in a First Information Report (FIR) registered at Khajuri Khas Poice Station in connection with the north-east Delhi Riots 2020.

Additional Sessions Judge Pulastya Pramachala of the Karkardooma Court, Delhi, directed all the five accused to furnish a bond of Rs. 10,000 with one surety of like amount.

“Accused Tariq Moin Rizvi, Jagar Khan, Mohd. Illiyas, Khalid Saifi, and Umar Khalid are directed to furnish bond u/s. 437-A Cr.P.C. in the sum of Rs.10,000/- with one surety in the like amount”, the court ordered.

All the five accused were booked for offences punishable under Sections 109, 114, 147, 148, 149, 153-A, 186, 212, 353, 395, 427, 435, 436, 452, 454, 505, 34, 120-B IPC, Sections 3, 4 Prevention of Damage to Public Property Act (PDPP) and Sections 25, 27 Arms Act.

The FIR, in this case, was based on the statement of Constable Sangram Singh, who stated that on February 24, 2020, at around 2 pm, while he was on duty with other staff on the main Karawal Nagar Road, near Chand Bagh Pulia, a large crowd gathered on the road and began pelting stones. During the investigation, it was discovered that the rioters/accused persons used the building of the main accused Tahir Hussain for brick batting, stone pelting, and pelting of petrol bombs, and acid bombs.

Additional Sessions Judge Vinod Yadav had granted bail to Umar Khalid in the present case on April 15, 2021, on furnishing a bail bond of Rs.20,000 with one surety of like amount.

The counsel for Khalid Saifi contended that he had been falsely implicated in the matter by the investigating agency and stated that he was not physically present at the scene of the crime (SOC) on the date of the alleged incident and that was the reason he was neither visible in any CCTV footage/ viral video nor any of the witnesses had specifically named him to be part/member of the riotous mob.

On the contrary, the Special Public Prosecutor (SPP) for State claimed that the case was "sensitive" because it involved riots that occurred at or near the home of the main accused Tahir Hussain. He alleged that it was a “deep-rooted conspiracy which triggered communal riots in Delhi.

SPP argued that the “common object” of the accused persons was to cause maximum damage to the persons and property (ies) of other communities, and the principal accused Tahir Hussain, who was holding the post of “Municipal Councilor”, gathered persons from his community based on religious sentiments, promoted enmity between two communities on the ground of religion and facilitated them to the rooftop of his building.

Furthermore, he contended that the co-accused persons in the matter were very well known to him and some of them were his close relatives, due to which “meeting of minds” took place very quickly.

ASJ Pramachala also ordered that “accused persons namely Tahir Hussain, Liyakat Ali, Riyasat Ali, Shah Alam, Mohd. Shadab, Mohd. Abid, Rashid Saifi, Gulfam @ VIP, Arshad Qayyum, Irshad Ahmad, and Mohd. Rihan@ Arshad Pradhan is found liable to be tried for offences punishable u/s 120B IPC r/with Sections 147, 148, 188, 153A, 323, 395, 435, 436, 454 IPC. They are also liable to be tried for offences 2 punishable u/s 147, 148, 186, 188, 153A, 323, 395, 435, 436, 454 IPC r/with 120B and 149 IPC.”

Accordingly, listing the matter for December 12, the court ordered, "Put up for framing of charge and admission denial of documents on 17.12.2022. Issue production warrant for accused Mohd. Tahir Hussain, Khalid Saifi, and Umar Khalid, for the next date,"

Case Title: State v. Mohd. Tahir Hussain & Ors.