North East Delhi violence: Delhi court frames charges of burning school during riots against two accused

New Delhi [India], January 26 : A Delhi court hearing Delhi riots cases, on Tuesday framed charges against two persons for burning a school and other properties including vehicles belonging to Hindus.
During the commission of the offence, the computer lab and library were set on fire. The incident took place in Dayal Pur area of North East Delhi.
The court noted that these properties were targeted as they belonged to Hindus.
Additional Sessions Judge Pulastya Pramachala of Karkardooma Court on Tuesday framed charges under sections related to rioting, unlawful assembly, arson and other sections of the Indian Penal Code (IPC).
The judge said, "I find that the accused persons namely Shamim Ahmed and Mohd. Kafil alias Kapil is liable to be tried for offence u/s 147/148/427/435/436 IPC read with Section 149 IPC and Section 188 IPC."

"In pursuance to their common object, they attacked and forcibly entered into Arun Modern Public Senior Secondary School with common object to cause maximum damage," the court said.
It is also apparent that this school was chosen because it belonged to Hindus and the
common object of the aforesaid mob was to cause damage to the properties of Hindus. The mob was equipped with different weapons, the court added.
The court observed, "Thus, this mob committed riot. They burnt the computer lab and library of this school apart from the above-mentioned vehicles and other articles of the school."
They also damaged other properties of the school having a value of more than Rs. 50 the court said.
It is also apparent that this mob violated the order passed u/s 144 Cr.PC, in respect of which a complaint u/s 195 Cr.PC has been made by DCP, NE, the court noted.
The court has also discharged the accused persons from the offence of criminal conspiracy.
Since the allegations of conspiracy are based on presumption, rather than any evidence, I do not find it sufficient to presume that the accused persons acted out of pre-hatched conspiracy, the court said.
While passing the order, the court noted the contention of defence counsel that witnesses were planted
The court said, "I am in agreement with the learned Special Public Prosecutor (SPP) that the question of planting of witnesses can not be looked into at this stage. I also do not find any difference in the complaint and FIR registered in this case. The plea was also taken that FIR was registered belatedly."
However, IO has given a reason for the same in the chargesheet and the credibility of such reason shall be appreciated at the final stage, the court said.
At present, on the basis of statements of witnesses like Ct. Piyush, Vishamber Nath, Neeraj Sharma and others read with photographs and other documents, I find that sufficient material is there to show that all the 3 accused persons and other unknown members of the mob comprising of more than 5 persons formed an unlawful assembly with a common object, the court observed in the order of January 24.
A case was registered against three persons namely, Shamim Ahmed, and Mohd. Kafil and Faizan alias Ayan at Dayal Pur police station. Accused Faizan has been declared proclaimed offender (PO) by the court.
A PCR call was received on February 25, 2020, in respect of arson at Arun Modern Public Senior Secondary School, on main Brijpuri road, Delhi.
The police found that the school was vandalized and set on fire by the rioters. Other vehicles were also set on fire. However, due to police staff being busy in maintaining law and order, further action could not be taken.
Subsequently, a written complaint was made by Principal Jyoti Rani on February 26, 2020.
She alleged that on February 25, 2020, at about 4 p.m., around 150-200 persons forcibly entered into the school. They vandalized various articles of the school as well as various vehicles parked inside the school campus.
It was alleged that the rioters set the vehicles on fire apart from various other articles like Generator, almirahs, and numerous documents. Computer systems, items of a chemistry lab, furniture etc. This mob also burnt the computer lab completely. They also burnt the school library. The school suffered a loss of Rs.1-1.25 crores due to such an incident.