A Delhi court has convicted five men for being part of an unlawful assembly, assaulting or obstructing police personnel and using criminal force against public servants during the northeast Delhi riots in 2020.
Additional Sessions Judge Parveen Singh of Karkardooma Courts passed the judgment 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 relates to violence reported near the Bhajanpura petrol pump on February 24, 2020. According to the prosecution, a mob protesting against the Citizenship Amendment Act (CAA) and National Register of Citizens (NRC) crossed a road divider, attacked police personnel, vandalised the petrol pump and set it and nearby vehicles on fire.
During the trial, the prosecution examined 26 witnesses. The Special Public Prosecutor argued that the evidence of injured witnesses established the violence, while police and other witnesses placed the five accused among the mob that allegedly attacked police personnel, indulged in stone-pelting and vandalism and set the petrol pump and vehicles ablaze.
The court accepted a substantial part of the prosecution evidence, finding that a mob of around 100-150 people had gathered near the petrol pump with a common object of rioting, arson, criminal mischief and vandalism.
The judge also held that the prosecution had proved the presence of all five accused in the unlawful assembly beyond reasonable doubt. Their membership of the assembly was established through the testimonies of five witnesses, the court said.
The five men were convicted under provisions of the Indian Penal Code relating to rioting, assaulting or obstructing public servants while they were attempting to suppress a riot, and assault or use of criminal force against public servants. The offences carry a maximum sentence of three years.
However, the court acquitted the accused of the more serious allegations, including setting the petrol pump and vehicles on fire, causing grievous injuries and damaging property.
On the petrol pump arson charge, the court found that reports from the Delhi Fire Service did not establish that the facility had been set ablaze at the time alleged by the prosecution. The judge also noted that another fire report collected during the investigation had not been formally proved in evidence.
The court consequently found “very serious doubts” regarding the allegation that the mob had set the petrol pump on fire at around 2pm on February 24.
The judge also rejected the charge relating to the burning of vehicles. Although witnesses consistently testified that vehicles had been set ablaze, the investigating officer failed to identify the vehicles or examine their owners.
The court said this lapse in the investigation meant that the charge of mischief by fire could not be sustained despite the witness accounts.
The court nevertheless concluded that the prosecution had successfully established the existence of the unlawful assembly, the presence of the five accused as members of the group, and their assault and obstruction of public servants.
The five men were therefore convicted of the offences supported by sufficient evidence, while the remaining charges were rejected.
