Delhi violence: Court declares two accused as 'proclaimed offenders' in head constable murder case
Sep 06, 2020
By Sushil Batra
New Delhi [India], September 6 : A Delhi Court has declared two accused as "proclaimed offenders" in a case related to the murder of Delhi Police's head constable Rattan Lal during the violence which broke out in the north-east district of the national capital earlier this year.
Chief Metropolitan Magistrate Pushotaum Pathak of Karkardooma Courts Complex while declaring Suleman aka Salman Siddiqui and Ms Ravish as Proclaimed Offenders on Saturday said, "I considered that both accused are intentionally avoiding to appear in the court despite due service of process under section 82 of CrPC."
The same court has recently also taken the cognizance on the chargesheet filed in the High Court regarding Rattan Lal murder case. The court said, "It is of the opinion that there is sufficient material on record to take cognizance of the offences alleged to have been committed by accused persons".
The court while taking cognizance on the chargesheet also added that "However, it is not inclined to take cognizance for the offence under Section 153-A IPC as for taking cognizance for the said offence, the previous sanction as provided under section 196 CrPC is mandatory to be filed by the agency but same has not been filed till today. Investigation officer has informed that in the present case a letter dated 13.07.2020 has been sent to the competent authority but it is not clear as to how much time, it will take for obtaining sanction. In this scenario when there is no timeframe for obtaining sanction and that any delay in proceeding further in the matter will unnecessarily defeat the purpose for which the special courts for trial of riot cases have been created. It deems it fit to take cognizance of all the offences as discussed."
Court had also issued a production warrant against all the accused and directed the Tihar Jail authority to produce them through video conferencing on September 10.
Delhi Police chargesheet stated that Head Constable Rattan Lal was killed and several other police officials and public persons were injured when the mob without provocation attacked the police party. The post mortam report of Rattan Lal revealed that he sustained gunshot injuries apart from 21 injuries and had succumbed to these injuries.
According to the chargesheet, the public witnesses and the local beat staff have categorically stated in their statements about the specific role of accused persons that they were the main organisers of the protest and were fully involved in inciting people for rioting.
"Further, the eyewitnesses who have witnessed the incident have stated in their statements that on February 24, the police party deployed at Chand Bagh protest site was suddenly attacked by the mob led by accused persons. The mob was armed with lathis, rods and killed HC Rattan Lal, caused injuries to DCP Amit Sharma, ACP Anuj Kumar and also to several other police officials and public persons. Besides the statement of witnesses, there is also CCTV footage which showed the presence of accused persons," said the Delhi Police chargesheet.
According to the chargesheet, protests were being held against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC) in Chand Bagh area without any official permission and in blatant violation of rules and regulations.
"Speakers addressing gathering were spreading false information about CAA and NRC and were deliberately conveyed to the Muslim population that they would lose their citizenship and later when NRC would be introduced then on non-production of the documents they would be sent to the detention camps," Delhi Police said in the chargesheet.
In February, violence took place in the northeast area of Delhi between groups supporting and opposing the Citizenship Amendment Act (CAA), which led to the deaths of at least 53 people.