Delhi Police files two supplementary chargesheets in 2 cases against ex-MCD Councillor Tahir Hussain

New Delhi [India], July 4 : Delhi Police on Tuesday filed two supplementary charge sheets in a Delhi court in two cases against former Municipal Corporation of Delhi (MCD) Councillor Tahir Hussain and other accused persons.
These supplementary chargesheets have been filed in view of the query raised by the court regarding the time and date of incidents in two cases of riots in February 2020.
These two cases pertain to the police station Dayal Pur in North East Delhi. One chargesheet is connected with the incident at Royal Mattress.
The supplementary chargesheets have been filed with supplementary statements in one case and an amended site plan in another case.
Two reports have also been filed by the Deputy Commissioner of Police (DCP-North East).
Additional Sessions Judge (ASJ) Pulastya Pramachala of Karkardooma Court took on the record the supplementary chargesheets and report received from the DCP.
The court directed to supply a copy of the supplementary chargesheet to the accused persons. The matters have been listed for hearing submissions of the Prosecution on the stand taken in the supplementary chargesheets.
The court noted in the matter of Royal Mattress, " In order to clarify the questions raised by this court, one supplementary chargesheet along with a supplementary statement of
Irshad Ali, Dilshad Ali and Shyam Bihari Mittal, also filed."
"Copy of supplementary chargesheet be supplied to the accused persons. Now to come up for submission, if any, on the point of charge, on the basis of the clarificatory stand taken by the prosecution on July 25, 2023," ASJ Pramachala ordered on Tuesday.
Additional submissions/synopsis has been also filed by the Special PP Madhukar Pandey in pursuance to the direction given on the last date, the court noted.
On March 20, 2023, the court raised queries to point out a concrete description of the time and date of each alleged incident that took place at Royal Mattress.
Besides that, the court had also directed to file particulars of the time, place and date of other incidents probed in this case.
On perusal of the additional synopsis filed the judge had said, I find that even in this synopsis there is no mention of the time of both the incidents allegedly taken place at Royal Mattress.
It mentions the time of one incident at 3 pm on February 24, 2020, when allegedly this shop namely Royal Mattress was set on fire, the court had noted.
In the concluding part of submission, it is mentioned that this shop was first looted by a mob of Hindus, but time of that incident is not mentioned, though a reference of the viral video has been made in this submission, the court had said.
"The query raised by this court on 20.03.2023, thus, remains incompletely answered," the judge had said.
ASJ Pramachala had said, "I also find that reference given in this submission in respect of supporting evidence of the time of 3 pm, is not pointing out to the correct evidence because the complaint of Irshad Ali shows that he was not the eyewitness of the incident."
Thus, his complaint cannot be the relevant piece of evidence to show the aforesaid timing of 3 pm, regarding arson at this shop, the judge pointed out.
The judge expressed his displeasure and said, "Thus, in a nutshell, despite having more than sufficient time period from March 20, 2023, till this date, the prosecution did not come up with the correct answer and correct description of evidence before the court. This is a very unfortunate scenario.
The court had granted the last opportunity to the Special PP and said that this would be the last opportunity for the prosecution to come up with a right answer with reference to the correct description of evidence and the court does not mind if the relevant portion of the statement of relevant witness is quoted in the additional submission.
The court had also sought the attention of the DCP and said, "Keeping in view the inaction on the part of prosecution despite giving so much of time in hand, I find it expedient to seek the attention of learned DCP (N/E) also, to ensure that job is completely done up to next date. A copy of the order is sent to DCP (N/E)."
In this case, as per the case prosecution incident had taken place at Royal Mattress more than once and apart from that, there is a reference to two more complaints.
Accordingly, Investigation Officer/prosecution shall file a concrete description of the time and date of each incident taking place at Royal Mattress, as the court had directed.
They shall also file such particulars of time, place and date of other incidents being prosecuted in this case, with reference to relevant pieces of evidence, the court had further directed.
In another case, Delhi police has filed a supplementary chargesheet along with an amended site plan.
In this case, also the Court had raised a query to provide a concrete description of the time as well, apart from the date and place of each alleged incident and to submit synopsis with reference to the relevant pieces of evidence.
However, the synopsis does not provide a time of all the incidents probed in this case, e.g. incident related to Khalil etc, the court had noted.