Delhi riots: Court orders to separate trial, refers Godhara violence in its order
Sep 15, 2021
New Delhi [India], September 15 : Delhi Court on Tuesday directed to separate the trial of a case relating to north-east Delhi violence observing that the accused persons belong to two different groups thereby citing Gujarat High Court order on 2002 Godhra communal riots.
The Court was hearing a case pertaining to northeast Delhi violence where five accused persons were put on trial and among them, three were Hindus and two were Muslims.
The Court said that a "peculiar situation has arisen that whether the trial can be permitted to proceed with an assortment of accused persons from different religions purportedly acting under two different conspiracies and unlawful assemblies. This is definitely going to prejudice the defence of accused persons from different religions."
Additional Sessions Judge Vinod Yadav observed that a similar situation had arisen before a Gujarat Court while conducting the trial of the 2002 Godhra Communal Riots. The matter had been referred to Gujarat High Court, which separated the trial of the accused persons from two different communities.
"Bearing in mind the aforesaid judicial precedent, this Court also deems it
appropriate to separate the trial of the accused persons so that their defence may not even likely get prejudiced," the Court said.
The Court directed the DCP (Crime Branch) Joy N Tirkey to furnish a complete set of charge sheet in physical form to the Court within two weeks from Tuesday and thereafter, the Court staff was directed to put up a separate 'Sessions Case number' in the very FIR.
The Court also said that the existing chargesheet shall be treated as a chargesheet for three accused persons namely, Kuldeep, Deepak Thakur and Deepak Yadav, whereas the other chargesheet shall be treated as the chargesheet for accused persons namely Mohd Furkan and Mohd Irshad.
The Court has also framed charges against the accused person under various sections of the Indian Penal Code.
The Court has re-notified the matter for evidence on November 26.
