North East Delhi violence: Court acquits accused, pulls up police for filing charge sheet without proper investigation

New Delhi [India], August 24 : Delhi's Karkardooma Court on Thursday acquitted a person accused in a riots case after noting Delhi police's failure to prove his presence in the mob and committing the offense of rioting and vandalism.
The court also pulled up the police for making an 'Artificial Statement' to establish the accused's presence in the riotous mob.
The matter has been referred to the SHO concerned to take steps for the complainant by two complaints.
This case pertains to riots that happened in February 2020 in the area of police station Dayalpur. In this matter, there were six complaints.
Additional Sessions Judge (ASJ) Pulastya Pramachala acquitted Javed from all charges levelled against him by the Prosecution and noted that his presence in the mob had not been established.
ASJ Pramachala said, "My foregoing discussion and observations lead me to hold that prosecution established the incident of riot, and vandalism, but it failed to prove the presence of the accused in the unlawful assembly responsible for such incidents, beyond reasonable doubts."
"It is also established on the record that a charge sheet was filed for multiple incidents in this case, in a mechanical manner and without actually investigating such incidents properly," ASJ Pramachala said in the judgment passed on August 24.
The court while acquitting the accused remarked, "There was no evidence of offence u/s 436 (Destruction of property by fire) IPC and such Section was also invoked without ascertaining the actual situation."
In view of my foregoing discussions, observations and findings, accused Javed is hereby acquitted of all the charges levelled against him in this case, the judge said in the judgement.
The court said that in view of observations made in the judgment, the matter is referred back to SHO to take further steps in respect of incidents reported by Salman and Mujahid, in accordance with law.
The court noted that the Complainant Salman suffered a gunshot injury on his thigh on February 25, 2023. This complaint required further investigation.
"As already observed herein before, investigation of his incident was illegally clubbed in this case on the pretext of the proximity of the place of incident. No care was taken regarding the alleged time of the incident, " the court observed.
The court also noted that the Investigation Officer (IO) deposed that he did not conduct any investigation in respect of firing at Salman. Therefore, this complaint requires further investigation, the court said.
The court also observed in relation to the Complaints by Jasmeet and Mujahid and made strict remarks that the incident was not properly probed.
The court observed, "Therefore, even if it is assumed that the coaching centre of Javed and the cooler shop of Jameer were vandalized by this mob, which allegedly came from the side of Chand Bagh Pulia, there is no evidence on the record at all to infer that same mob went up to shop of Mujahid."
"Thus, once again I find that the incident that took place at the shop of Mujahid was not properly investigated and liability of that incident was put upon aforesaid mob in a mechanical manner," the court opined.
It was alleged that information was received from the Control Room in the Police Station Dayalpur on 25.02.2020 at about 2:45 PM, to the effect that the riots were taking place in Gali No. 6, Munga Nagar near R.P. Public School and several persons were injured.
It was also said that after reaching the spot of the incident police found a mob of 1000 to 1100 persons present there.
SHO PS Dayalpur along with other staff was also present at the spot and was trying to prevail upon the mob to maintain peace and order. The people in the mob were armed with rods, petrol bombs etc. No injuries were found at the spot, the Prosecution said.
Meanwhile, the mob became more violent and started pelting stones as well as petrol bombs, as a result of which the neighbouring houses, as well as R.P. Public School, caught fire, the police alleged.
The police fired teargas cells in order to control the mob and also fired guns in the air, it added.
Complainant Javed had alleged that on 25.02.2020 at around 5 PM, he was informed by local residents, that the rioters had broken the shutter of his coaching Institute, near Sherpur Chowk.
It was further alleged that rioters entered the institute, damaged and set ablaze the same as well as all the goods lying therein.
Another complainant Md Mujahid mentioned that on 25.02.2020 a riotous mob had broken the shutter of his shop in Nehru Vihar near Maavi Hospital, where he used to do work related to Steel and Iron Grills.
It was further alleged that the mob had looted a number of goods lying therein as well as set ablaze his two motorcycles after removing the same outside his shop.
It was further alleged that they also looted steel pipes and cash amount of Rs 1,75,000 breaking the counter of said shop. He alleged that they also looted working machines and tools from the shop.