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The Court found that prima facie, the accused persons were part of a “riotous armed mob” that had “assembled and refused to follow the direction of police” to disperse and had thrown stones and assaulted police officers
On Friday last week, a Delhi court framed charges of attempt to murder and rioting against Ishrat Jahan, a former Congress councillor, Khalid Saifi, and eleven other individuals in connection with the 2020 Northeast Delhi riots.
Additional Sessions Judge Amitabh Rawat of Karkardooma Court, however, discharged the accused from the offences of criminal conspiracy and the use of illegal firearms.
The court concluded that the criminal conspiracy charge against the accused lacked reasoning. However, it found prima facie evidence that the accused were part of a "riotous armed mob" that assembled, refused to disperse upon police direction, and engaged in stone-throwing and assaulting police officers.
The accused individuals, including Ishrat Jahan and Khalid Saifi, have been charged under various Sections of the Indian Penal Code (IPC), including rioting, rioting armed with deadly weapons, obstructing public servants, disobedience to orders by public servants, voluntarily causing hurt to deter public servants, assault to deter public servants, and attempted murder (Sections 147, 148, 186, 188, 332, 353, 307 IPC).
The accused persons are: Ishrat Jahan, Khalid Saifi, Vikram Pratap, Samir Ansari @ Samim, Mohd. Salim @ Samir Pradhan, Sabu Ansari, Iqbal Ahmed, Anzaar @ Bhoora, Mohd. Ilyas, Mohd. Bilal Saifi @ Lamba, Salim Ahmed @ Salim @ Gunda, Mohd. Yameen @ Yameen Coolerwala, and Sharif Khan @ Sharif Khureji.
All accused were discharged for offences under other IPC provisions and the Arms Act, with the court finding that only a juvenile possessed the firearm allegedly used during the protest.
Despite a lack of clarity on the exact time of firing, the court noted the identification of the accused by the complainant, Head Constable Yograj, and Inspector/SHO Sunil Kumar. It emphasized that the accused would face trial at the Karkardooma Court.
“Other police witness present at the spot namely Inspector/SHO Sunil Kumar, vide his statement, has also named the accused persons as part of the unlawful assembly (described above by HC Yograj). He has not only named the accused persons but ascribed the offences and the actions of accused persons,” the court said.
Judge Amitabh Rawat had reserved the order on framing charges before his transfer to Rouse Avenue District Courts.
Case Title: State v. Isharat Jahan & Others
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