A Delhi court on Saturday framed charges against former Aam Aadmi Party (AAP) councillor Tahir Hussain, along with Tanvir Malik, Gulfam, Nazim, Kasim, Shah Alam, Riyasat Ali and Liyakat Ali in connection with the 2020 North East Delhi riots case.
The accused were charged with attempts to murder, rioting, criminal conspiracy, and statements leading to public mischief.
The court of Additional Sessions judge Pulatsaya Parmachala relying on the statements of the witnesses observed in the order, “It is also well apparent that this mob kept indulging into the firing of gunshots, pelting of stones, acid and petrol bombs towards Hindus and houses of Hindus. These acts of the mob make it clear that their objective was to harm Hindus in their body and property to the maximum possible extent. Indiscriminate firing at others makes it clear that this mob consciously wanted to even kill Hindus".
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Special public prosecutor Madhukar Pandey submitted in the court that the statements given by the eyewitnesses left no doubt in respect of the role of the accused, including Hussain.
The court in the order noted that Hussain and others were "instigating others to teach a lesson to Hindus and not to leave them".
The court relying on facts and evidence of the case said a number of people equipped with firing weapons, acid and petrol bombs assembled at the house of Hussain observed in the order. "All these things were done to target Hindus. Every member of the mob assembled there, participated in achieving and encouraging others, to target Hindus. Such conduct of the members of this mob shows that they were acting out of the meeting of their mind and with a clear-cut objective in mind, to kill and harm Hindus” the order read.
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Counsels appearing for the accused submitted before the court that the prosecution adopted copy, cut and paste theory to falsely implicate the accused and the statements of "omnipresent public witnesses" are identical to each other, as they have been made witnesses in a number of other FIRs.
The case was registered at Dayal Pur police station on the basis of a statement by one Ajay Goswami who was shot on February 25, 2020, by a rioting mob in Khajuri Khas area of Delhi.
The charge sheet was filed against eight accused in the case under Sections 147 (rioting), 148 (rioting, armed with deadly weapon), 149 (unlawful assembly guilty of offence committed in prosecution of common object), 153A (Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony), 505 (Statements conducing to public mischief), 307 (attempt to murder), 120-B (criminal conspiracy) 34 (Acts done by several persons in furtherance of common intention) of the Indian Penal Code and Sections 27/30 of the Arms Act.
The court discharged Tanvir Malik and Gulfam from charges under Section 505 (Statements conducing to public mischief) of the Indian Penal Code.
