Delhi court acquits former MLA Asif Mohd Khan, six others in 2010 riots case

This case pertains to an FIR registered at Jamia Nagar Police Station in 2010. Additional Chief Judicial Magistrate (ACJM) Taniya Bamniyal acquitted former MLA and six others accused of rioting and damaging the public property, giving them benefit of doubt.

"Accordingly, this court hereby accords the benefit of doubt to the accused persons for the offences under sections 186 (obstructing a public servant from discharging the official duty), 147 (rioting), 148 (rioting with deadly weapon), 332 (harming a public servant while on duty), 353 (use of criminal force against the public servant while on duty), 427 (mischief causing damage to property) of the IPC and Section 3 of the Prevention of Damage to the Public Property (PDPP) Act and holds the accused persons not guilty of commission of said offences," ACJM Tanya Bamniyal said in the Judgement of September 18.

The court acquitted accused persons, namely Asif Mohd. Khan (ex MLA), Wahab, Siraj, Aqeel Ahmad, Javed Nisar Khan, Mukaram Agha alias Mikki and Nawab Ahmad are acquitted of the offences under sections 186, 147, 148, 332, 353, and 427 of the IPC and Section 3 of the PDPP Act. While acquitting the accused persons, the court said that there is no gain, saying that if two reasonably, probable and evenly balanced views of evidence are possible, one must necessarily concede to the existence of a reasonable doubt.

It further said, " The aforementioned lacunae in the story of the prosecution render the version of the prosecution doubtful, leading to the irresistible conclusion that the burden of proving the guilt of the accused persons beyond reasonable doubt has not been discharged by the prosecution."

"Thus, this court is of the view that the prosecution has failed to bring on record any cogent evidence in order to prove the commission of and guilt of accused persons u/s 186/147/148/332/353/427 of IPC and Section 3 of PDPP Act, beyond reasonable doubt, thus, entitling the accused persons to benefit of doubt," the court said.

The court also said that the prosecution could not prove specifically as to which accused persons amongst them broke the door of the SHO room as well as the potted plants at the premises of the police station.

"Since the prosecution could not prove beyond reasonable doubt that the public property was damaged due to the act of accused persons namely Asif Mohd Khan, Wahab and Mukaram Agha alias Mickey, therefore, commission of offences under Section 3 of PDPP Act is not proved," the court said.

After the completion of investigation, the charge sheet in the instant case was filed on 07.06.2022. The delay in filing the charge sheet was condoned by Predecessor of this court on 28.06.2022 and cognizance of the offence was taken. On 29.10.2022, all the accused persons were discharged from the present case.

However, a revision petition was filed by the State against the order of discharge and the same was allowed. Thereafter, the matter was remanded back to trial court for framing of charge against the accused persons.

As per Prosecution, on 15.03.2010 the FIR was registered on the complainant SI Jitender Singh. He had stated that on 14.03.2010, at around 10:45 PM, the then MLA of the area Asif Mohd. Khan came to the police station, Jamia Nagar with his 150-200 supporters and started raising slogans against Pravez Hashmi.

It was further stated in the complaint that Asif Mohd Khan with his 3-4 supporters came inside the police station and started putting pressure on the police officials to lodge an FIR at his instance and arrest the accused persons.

It was also stated in the complaint that at around 11:20 PM Parvez Hashmi (then Rajya Sabha MP) came to the police station with some of his supporters and on seeing them, supporters of Asif Mohd Khan started sloganeering against him and started pelting stones on the walls of police station and when the situation got out of control of the police staff, a warning was made to all the people through loud hailer that it was against the law and they should disperse but the crowd did not listen. Due to stone pelting, Constable Om Prakash and Head Constable Prakash Chand sustained injuries a vehicle of MLA Asif Mohd Khan and MP Pravez Hashmi including police station property got damaged. (ANI)