Court frames charges against 26 accused of rioting, conspiracy, assaulting police officials

New Delhi [India], November 24 : Delhi's Karkardooma Court recently framed charges against 26 accused persons including Mohd. Saleem Khan, Saleem Malik, Athar Khan in a case of alleged conspiracy, rioting, unlawful assembly, assaulting public servant on duty allegedly by mob causing the murder of Delhi Police Head Constable Ratan Lal and injuries to other police officials.
The DCP and ACP were assaulted and injured by the riotous mob on main Wazirabad Road.
This case is related to rioting in the area of Police Station Dayal Pur on February 24, 2020.
Additional Sessions Judge (ASJ) Pulastya Pramachala on Friday framed charges against 26 accused persons including Mohd. Saleem Khan, Saleem Malik alias Munna, Athar Khan and others. Saleem Khan and Saleem Malik are also accused in the larger Conspiracy of Delhi riots case.
"On the basis of statements and materials appearing on the record,.I find a prima facie case against accused Mohd. Saleem Khan for offence punishable under Section 120-B IPC (Criminal Conspiracy) read with Section 148 (Rioting with deadly weapon), 186 (Obstructing public servant from Discharging official duty), 302 (Murder), 323 (Causing Hurt), 325 (Causing Grievous hurt), 332 (causing harm to public servant on duty), 333 (Causing Grievous hurt to public servant to deter him from performing public duty), 353 (Assault on public servant on duty), 427 ( mischief by fire causing damage to property), 435 (damage people by fire or explosive substances)IPC," ASJ Pramachala said in the order passed on November 22.
The court also said that a prima facie case is also made out against him for offence punishable under Sections 148, 186, 302, 307, 308 (attempt to commit culpable Homicide not amounting to murder), 323, 325, 332, 333, 353, 395 (dacoity), 427, 435 IPC read with Section 109 (Abetment to commit offence), 120-B, 149 (Unlawful Assembly) IPC and under Section 188 (Not complying the order issued by a public servant) IPC as well as under Section 4 of The Prevention of Damage to Public Property Act, 1984.
The court has framed charges against all accused persons for similar offences.
However, the court has discharged an accused namely Wasim alias Bablu.
One accused Suleman alias Salman Siddiqui is absconding in this case.
Special public prosecutor Madhukar Pandey appeared for Delhi police and argued that there is sufficient to frame charges against accused persons.
In this case, Delhi police had filed one charge sheet and nine supplementary charge sheets against 27 accused persons.
As per prosecution, protest against CAA/NRC was continuing at the service road of Chand Bagh for some time.
It is stated that On 24.02.2020, since morning protest against CAA/NRC was going on at Chand Bagh. Large gathering of mob present there, was in aggressive mood.
Several senior police officials along with other security officials, were present there to pacify the situation.
Senior officials such as DCP Shahdara, ACP Gokalpuri and other police staff tried to pacify the mob of protesters, however, the situation did not improve, it stated.
It is alleged that at about 01.00 PM, mob became much violent and started attacking the police officials present there. Mob was so huge that they outnumbered the police officials.
It is further alleged that Mob started attacking police by pelting stones and assaulting them. They also started snatching their danda etc.
The police had to take back steps, and they tried to move to the other side of road.
It is stated that there was road divider on this road, known as main Wazirabad road. Due to height of the road divider at Wazirabad Road, many police persons could not jump to the other side.
Delhi police alleged that they were brutally assaulted with danda etc. by this mob and several police officials were injured critically, which included Amit Sharma (then DCP Shahadra), Anuj Kumar (then ACP Gokulpuri) and HC Ratan Lal.
Amit Sharma, Anuj Kumar and HC Ratan Lal were taken to hospital. HC Ratan Lal was declared brought dead
in the hospital. It was found that he had also sustained gun-shot injury, the police alleged.
After completion of investigation, on 08.06.2020 chargesheet was filed against 17 accused namely Mohd. Saleem Khan, Saleem Malik alias Munna, Mohd. Jalaluddin alias Guddu Bhai, Arif, Mohd. Ayub, Mohd. Yunus, Md. Danish, Shahnawaz, Ibrahim, Furkan, Badrul Hasan, Nasir, Shadab Ahmed, Md. Sadiq alias Sahil, Imran Ansari, Adil and Suvaleen, for offences punishable under section 186/353/332/333/323/109/144/147/148/149/153-A/188/336/427/307/308/397/412/302/201/120-B/34 IPC; 3/4 PDPP Act; and 25/27 Arms Act.
On 20.08.2020, second supplementary chargesheet against accused namely Athar Khan, was filed.
While framing the charges the statments given by the prosecution witnesses.
It noted that Constables Gyan, and Sunil and Head Constable Sunil were the beat officials of that area. They had been present on duty at this site of protest against CAA/NRC at Chand Bagh.
The court noted that In their statements, they narrated various facts incorporating the situation leading to incident of 24.02.2020.
As per their statements, protest against CAA/NRC was going on at that site for last 40-50 days. This protest site was on the service road, Chand Bagh, near 25 Foota road and main Wazirabad road.
This protest was organised by several persons including D.S. Bindra, Salman Siddiqui, Saleem Malik alias Munna, Salim Khan. In the speech, the speakers used to call upon persons from Muslim community to oppose CAA/NRC and unite against the government and block the road.
Several persons including Athar, Shadab, Nazam, Ayub, Upasna, Tabassum, Ravish, Rumi, Ruhi, Ishrat and Ruby were regular participants in this protest, it is stated.
It was also stated that they actively managed affairs of stage and other work of the protest. They were also among the speakers. These persons used to incite the attendees against the government.
In that process, these persons started narrating that peaceful manner of protest was not having any effect on the government, therefore, they had to change their approach and resort to violence also, if so required, it is stated.