North East Delhi violence: Court directs framing of charges against 5 men accused of burning petrol pump

New Delhi [India], May 12 : Delhi's Karkardooma Court on Friday directed to frame charges against five men accused of burning a petrol pump in Bhajan Pura during the North East Delhi riots of February 2020.
Additional Sessions Judge (ASJ) Pulastya Pramachala directed to frame charges against the accused persons namely Tanveer Ali, Arif, Mohd. Khalid, Abdul Sattar and Hunain under sections related to rioting, unlawful assembly, causing grievous hurt, attempt to culpable homicide not amounting to murder, obstructing the public servant from discharging duty, damaging Properties, setting Property on fire etc.
The judge said that all accused persons are found liable to be tried for offences punishable under Sections 147, 148, 152, 186, 308, 323, 326, 353, 427, 435 and 436 of the Indian Penal Code (IPC) read with Section 149 IPC as well as Section 188 IPC.
The judge said, "The evidence on the record do prima facie establish that all the five accused persons herein were members of this mob, which indulged in acts of vandalism, arson, assault to the public persons at Bhajanpura Petrol Pump as well as on the Service Road Yamuna Vihar and using force against the police officials."
The facts and evidence disclose that an unlawful assembly consisting of accused persons and other identified persons, acted out of a common object to show their criminal force against the government in retaliation to CAA/NRC and to commit mischief and other offences, the ASJ Pramachala said in the order.
The court observed, "This mob indulged into rioting being armed with deadly weapons and in that process they also pelted stone and obstructed the police officials in the discharge of their duty and in their endeavour to disperse this mob and to suppress the riotous act by using criminal force against the police officials."
Thus, a case for an offence punishable under sections 147, 148 and 152 IPC read with section 149 IPC is made out against all the accused persons, the court said in the order passed on May 12.
Brief facts of the present case are that the FIR of the present case was registered on February 25, 2020 on the complaint of ASI Arvind.
ASI Arvind alleged that on February 24, 2020, he was in the Noore Ilahi area. At around 2 PM, he received information from the police station that a large number of raging mobs gathering at Bhajanpura Petrol Pump.
ASI Arvind along with some of the police officials, reached there at around 02:10 PM.
He saw that hundreds of boys were invading the aforesaid petrol pump while protesting against CAA and NRC.
During the same time, hundreds of boys came from the side of Chand Bagh by jumping the road divider and setting the aforesaid petrol pump on fire, he alleged. Thereafter Other officers also reached there.
It was alleged that the Raging mob had also started pushing and shoving the police officials. Soon after the arrival of ASI Arvind, SHO along with other staff also reached there, but the crowd started vandalism and pelting stones.
It was further alleged that SHO called additional force and announced through PA system, thereby asking the mob to return back to their home and for taking strict legal action in case of disobedience.
When SHO took action against the crowd, the crowd scattered and moved towards Yamuna Vihar, Service Road and in that process, the crowd vandalized the motorcycles, cars, and shops and also committed arson. At the same time, they also assaulted many of the people.
During the investigation, the IO received some mobile phone videos prepared by local residents/passersby and CCTV footage/viral videos. The videos reflected stone pelting and arson by hundreds of people at Main Wazirabad Road, Delhi.
"They vandalized road-divider at Main Wazirabad Road, Delhi and blocked the road from the side of Dayalpur as well as Bhajanpura. They committed vandalism and arson at Bhajanpura Petrol Pump and Service Road Yamuna Vihar. They also set ablaze vehicles parked there and brutally assaulted the people," the IO stated.
The IO showed the videos to a person at the Petrol pump who identified four accused persons.
The fifth accused was identified by the SI Vedpal.
After investigation, a chargesheet was filed against the accused Arif for offences under sections 147, 148, 149, 152, 436, 186, 188, 201, 353, 332, 323 and 326 of IPC and sections 3 and 4 of Prevention of Damage to Public Property Act (PDPP) Act.
A supplementary charge sheet was filed against the other four accused persons.
The matter has been listed for framing of charges on May 27.