Northeast Delhi riots: Court discharges man accused of supplying illegal weapon to Shahrukh Pathan

New Delhi [India], January 31 : A Delhi court on Monday discharged a man arrested for allegedly supplying an illegal weapon to Shahrukh Pathan, an accused in the Northeast Delhi riots case.
The court noted that there was no incriminating evidence, except the disclosure statements of two accused persons in the case. It held that there was no ground to presume that the accused committed the offence.
The weapon was allegedly used to fire upon Deepak Dahiya as well as the general public protesting on Seelampur Road during the Northeast Delhi riots on February 24, 2020. The case in connection with the incident was registered at Jafrabad police station.
Additional Sessions Judge (ASJ) Amitabh Rawat of Karkardooma Court discharged Babu Wasim from the offence under Arms Act.
"The case against accused Babu Wasim is essentially based on surmises and conjectures rather than actual material/evidence. There is no ground to presume that the accused Babu Wasim committed an offence under Section 25 Arms Act. He is accordingly discharged for the said offence," ASJ Rawat ordered on Monday.
However, the court charged Wasim for non-appearance before the court after the declaration of proclamation.
"As far as Section 174-A IPC is concerned, it is a standalone offence and all the necessary legal requirements for proceedings under Section 82 Cr. P.C. was completed and no infirmity has been found or even shown by the counsel for the accused in the proceedings or order of 18.07.2020 passed by the Magistrate Court, declaring the accused Babu Wasim, a proclaimed offender," the court noted.
Thus, the accused Babu Wasim is liable to be charged for the offence under Section 174-A IPC, the court ordered.
It said the first incriminating material produced by the prosecution, is the disclosure statement of both accused Shahrukh Pathan and Babu Wasim but disclosure statements, by themselves, are not admissible in law.
Secondly, as is admitted by the prosecution, there is no witness on record to show that accused Babu Wasim provided the said pistol to accused Shahrukh Pathan on December 6, 2019, at Brahampuri, Shahdara, Delhi or that he possessed the said firearm before December 6, 2019, the court added.
The court rejected the contention that accused Shahrukh Pathan made four successive calls to Babu Wasim on December 6, 2019, at night with a location chart of the mobile phones of both accused persons showing that they were at the same place, at best, shows that they
were at the same spot at the same time or met with each other.
The court pointed out, "What the prosecution is required to prove is that accused Babu Wasim possessed the said pistol before 06.12.2019 and/or delivered such pistol to accused
Shahrukh Pathan on that day at that time and which was then used in riots. There is no material to substantiate this allegation."
It was further noted, "Even Sanction Order under Section 39 Arms Act issued by the Addl. DCP-1, North-East District, for the purpose of Section 25 Arms Act is without proper appreciation of material on record/evidence collected by IO."
Previously, the court on December 7, 2021, framed charges against accused persons Shahrukh Pathan alias Khan, Ishtiyak Malik alias Guddu, Shamim and Abdul Shehzad under Section 147/148/186/188/353/ 307 IPC, read with Section 149 IPC.
Additional charges were slapped against Shahrukh Pathan for the offence under sections 25 and 27 of the Arms Act while against another accused, Kaleem Ahmed, was charged with an offence under Section 216 of IPC.
The chargesheet also named Babu Wasim under Section 25 Arms Act and 174A of IPC.
Accordinng to the prosecution, Shahrukh Pathan was arrested on March 3, 2020.
Further, according to the prosecution, he disclosed that in December 2019, he had purchased a pistol and 20 rounds from Babu Wasim by paying Rs 35,000.
It was alleged that he disclosed that he had met with Babu Wasim at Masjid (Khaddewali), Ghonda and disclosed the latter's mobile number to get him arrested from Meerut.
On March 9, 2020, the Babu Wasim's residence in Meerut, Uttar Pradesh, was raided but he was found to be on the run.
On March 18, 2020, a non-bailable warrant (NBW) against Babu Wasim was obtained from
the court. On July 18, 2020, he was declared a proclaimed offender by the Karkardooma Court.
Babu Wasim was charged under Section 174A of IPC in the first supplementary chargesheet filed on December 26, 2020.