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Synopsis

The Delhi High Court on Monday framed charges against 49 accused persons for rioting and arson in car showroom in the Dayalpur area, during the north east Delhi Riots 2020.

The case relates to riots and arson at a car showroom on Main Wazirabad Road, opposite Petrol Pump Bhajanpura, Delhi. A mob had also set the other vehicles on fire and the window panes of the cars were broken.

Additional Sessions Judge (ASJ) Pulastya Pramachala of Karkardooma Court framed charges against Rafat, Imran, Dildar, Faraz, Ayub, Saleem Malik, Salim Khan, Arif, Mohd. Mansoor, Shahnawaz, Sadiq, Shadab, Irshad, Ali, Mansoor, Kashif, Wasif, Shamim, Khalid, Salman, Shibu Khan, Hamid, Zuber Alam, Athar Khan, Shakeel Ahmed, Jaan Mohammed, Asif Javed, Saqib, Ubesh, Bablu, Gulzar, Irfan, Dildar, Imran, Asrar, Siraj Ahmed, Mohd. Ahsan, Firoz, Sharif, Faizan, Akeel, Mohd. Shakir, Mohd. Nadeem, Abdul Razak, Zakir Malik, Tazuddin, Haseen Ahmed, Sabir and Suhail Sultan.

However, the court “discharged” one accused namely Mohd Aftab.

All the 49 accused have been found liable to be tried for offences punishable under Section 147 (rioting), 148 (rioting with deadly weapon), 427 (Mischief by Fire), 435 (Mischief by fire with the intention to damage property of more than Rs. 100), 436 (Mischief by fire with intent to damage house etc.), 450 (house trespass with intent to commit offence punishable with life) read with Section 149 (unlawful assembly) as well as under Section 188 (violation of order issued by a public servant) of Indian Penal Code.

Court noted that all the accused persons pleaded not guilty for the aforesaid offences and claimed trial.

“I find that a prima facie case for offence punishable u/s. 147/148/427/435/436/450 IPC read with Section 149 IPC as well as u/s. 188 IPC, against all the accused persons. All the accused persons are liable to be tried accordingly. Since there is no concrete evidence of identification of accused Mohd. Aftab (s/o. Sh. Ashfaq) in the mob behind incident probed in this case, therefore, he is discharged”, the judge ordered.

The ASJ observed, “The evidence of the witnesses especially the police officials present on duty like Ct. Mukesh, Ct. Gyan etc. do not establish the ingredients of offence of criminal conspiracy. From their statement the scenario appears to be that mob had gathered on Service Road, near Main Wazirabad Road, which was initially being addressed by different speakers in the name of protest against CAA/NRC”.

“The mob became violent subsequently and started indulging into riot, vandalism and arson. From these circumstances, the element of prior agreement among the accused persons and others, cannot be inferred. Therefore, I do not find a case being made out for existence of a criminal conspiracy from the record”, it said.

The FIR was registered at Dayalpur Police Station in 2020, on a written complaint filed by Rajesh Singh, the General Manager of Fair Deal Maruti Car Showroom, alleging that various articles in his showroom were set on fire by a mob, which caused damages of Rs. 3.5 crores.

Noting that the complaint made by Rajesh Singh established the damage caused to the articles in the showroom and the fact of the showroom as well as articles being set on fire, the court said, “Such facts make out a case for offence punishable u/s. 427, 435 and 436 IPC. Ingredients of Section 435 IPC is satisfied because the articles were burnt. Ingredients of Section 436 IPC is satisfied because the showroom which was a place for custody of the articles/cars, was set on fire”.

The court also took note of the complaint made by another Vikas on February 27, 2020, wherein he alleged that on February 24, 2020, crowed of rioters trespassed, attacked and set fire in the car showroom. “In view of the complaint and statement made by Vikas and other employee of Fair Deal Car Showroom, it is prima facie apparent that the accused persons committed house trespass in order to commit offence punishable with imprisonment for life, which makes out a case of offence punishable u/s 450 IPC”, it said.

The court further said, “The evidence on the record prima facie shows that accused persons were part of unlawful assembly, which was present there at the spot and which came into action with common object to go on rampage, damage the properties. In pursuance to that common object, they set fire in Fair Car Deal Showroom…… Therefore, the argument of defence regarding absence of specific role assigned to particular accused is insignificant”.

Case Title: State v. Rafat and 48 others