North East Delhi riots: Court directs to frame charges against 19 persons for conspiracy of murder, rioting

The accused persons also include a school owner. This incident of rioting pertains to the area of Dayal Pur in February 2020.

This case pertains to an alleged incident of rioting, arson, and vandalism in a school during the riots on February 24, 2020.

It is alleged that during the incident, one of the accused fired at one of the victims.

"Members of the mob were determined to harm Hindus by all means, including killing them. Accordingly, the mob was also determined to cause loss to DRP School by all means," the Court said.

The court directed to frame charges under Section 153 A (1)(b) and said, "In this case, accused persons indulged in targeting the properties of Hindus and their such acts were apparently prejudicial to the harmony between communities of Muslims and Hindus."

The judge further said that the accused disturbed the public tranquillity through their actions.

"Accused Faisal Farooq facilitated this mob to attack upon the property belonging to Hindus including DRP School. Therefore, all named accused are also liable under this provision," the judge said.

All these acts prima facie show a case against him for an offence punishable under section 1208 of the Indian Penal Code (IPC) read with 147/148/153A/302/395/427/435/436/450 IPC; for an offence punishable under section 153A and 585 IPC, as well as for offence punishable under section 147/148/307/395/427/435/436/450 IPC read with 1208 IPC.

Additional Sessions Judge (AS3) Pulastaya Pramachala directed to frame charges against the accused persons namely Faisal Farooq, Shahrukh Malik, Shahnawaz alias Shanu, Rashid alias Monu, Mohd. Faisal, Mohd. Sohaib alias Chhutwa, Shahrukh, Azad, Ashraf Ali, Parvez, Aarif, Sirajuddin, Faizan, Irshad, Anis Qureshi, Md. Parvez, Md. Illyas, Md. Furkan, and Mohd. Ansar in the matter.

"I find that (1) accused persons are liable to be tried for offences punishable under section 1206 read with 147/148/153A/302/395/427/435/436/450 IPC," ASJ Pramachala said.

The Court also directed to frame additional charges against the accused persons namely Shahrukh Malik, Shahnawaz alias Shanu, Rashid alias Monu, and Mohd. Faisal, Mohd. Sohaib alias Chhutwa, Shahrukh, Azad, Ashraf All, Parvez, Aarif, Sirajuddin, Faizan, Irshad, Anis Qureshi, Md. Parvez, Md. Illyas, Md. Furkan, and Mohd. Ansar,

The Court directed to frame additional charges against the accused Faisal Farooq in the matter.

The court said that the accused is also liable to be tried for an offence punishable under sections 147/148/387/395/427/435/436/450 IPC read with 1208 IPC, and for an offence punishable u/s 153A and 505 IPC, the court directed.

The Court said that it is apparent that the accused Faisal Farooq was not in the mob, which attacked DRP School.

"For the purpose of invoking 5.149 IPC, it is necessary that such accused is shown to be a member of the unlawful assembly during the commission of alleged acts, which were committed in pursuance to the common object of the assembly," the court said.

The court further noted that since the accused Faisal was not physically present there with the mob, therefore, section 149 IPC cannot be invoked against him.

"But his (Faisal Farooq) school was made based on this mob and Faisal did allow the same. Arrangements were also made in his school to throw petrol bombs etc. by catapult," the judge noted.

The court further said that all these acts of the accused show that he had a meeting of mind with other members of this mob for facilitating an attack against the properties of Hindus and DRP School.

"He also made a provocative statement against Hindus, which had the effect of encouraging hatred between the community of Hindu and Muslim," the court observed.

The prosecution has placed on the record a list of articles, as provided by the complainant, which was allegedly damaged in this case, the court said in the order.

The Court also directed to frame additional charges under Arms Act against the accused Mohd. Ansar. The Court said that the accused Mohd. Ansar is also liable to be tried for offences punishable under sections 25 and 27 Arms Act.

"Accused Ansar was identified as the person, who fired at Roop Singh. A pistol with two live cartridges was also recovered at his instance. Therefore, a case for an offence punishable u/s 25 and 27 Arms Act is made out against him," the Court said.

As far as Section 307 IPC is concerned, it has come in the statement of the witness Roop Singh that there had been firing From the side of a mob towards him and that accused Ansar had fired towards him.

"The mob was exhorting to kill Hindu, after seeing him and the same was followed by firing at him. All these circumstances do show that firing at him was done as part of the common object of the mob to kill Hind. The statement of Yatender Sharma and other persons from DRP School does show that articles were damaged and burnt inside the school, which had value more than Rs. 100," the court added.

"The complaint of February 28 in 2020 of Yatender Sharma read along with statements of witnesses namely Roop Singh, Geeta, Ashok, Manoj, Anil Kumar, and Himanshu Kumar, leave, no doubt that there was an assembly of more than 5 persons in the form of a mob and this mob was equipped with such weapons which could cause death," the court observed.

This mob indulged in vandalism and arson in DRP School, as it belonged to a Hindu. Therefore, it is beyond doubt that an unlawful assembly was formed with a common object to attack the properties belonging to persons from the Hindu community, it added.

The Court said that the account of facts given by the witnesses show that accused persons participated in the above-mentioned acts of vandalism and arson being part of an aforesaid nob.

"It is also well reflected that as per conspiracy, this mob trespassed into DRP school with the intention to commit such offences, which are punishable with life imprisonment," it added.

This mob caused fear of instant death to Roop Singh and his family, so as to compel them to flee away and looted articles from that school, which makes out a case of dacoity as well, the court said.

The Special Public Prosecutor Madhukar Pandey for Delhi Police argued that there is sufficient material to frame charges against the accused persons.

As per the allegations, on February 24 in 2020 at about 03:00 PM, on the instigation of accused Faisal Farooq (owner of Rajdhani School), riotous sob attacked and started to burn and damage DRP School and nearby properties situated near Shiv Vihar Tiraha.

The riotous mob were using Rajdhani School as a base for the purpose of throwing petrol bombs and pelting stones at the properties belonging to Hindus, the complaint alleged.

It was alleged that the rest of the accused persons are alleged to be part of this mob. The riotous mob also robbed valuable items from the school like computers, laptops, printers, amplifiers, sound systems and many more valuable items. On the basis of the statement of witnesses, accused persons were identified.

These accused persons were thoroughly interrogated and later on, these accused persons were also arrested in the present case. (ANI)