NEW DELHI: A city court has ordered the framing of charges of attempt to murder and rioting against former Congress councillor Ishrat Jahan, activist Khalid Saifi and eleven others in connection with a case relating to the 2020 Delhi riots.
Additional Sessions Judge Amitabh Rawat, now with the Rouse Avenue Courts in the city, however, discharged all the 13 accused persons of offences of criminal conspiracy, abetment and common intention and charges under the Arms Act.
Besides Ishrat and Saifi, 11 others -- Vikram Pratap, Samir Ansari alias Samim, Mohd. Salim alias Samir Pradhan, Sabu Ansari, Iqbal Ahmed, Anzaar alias Bhoora, Mohd. Ilyas, Mohd. Bilal Saifi alias Lamba, Salim Ahmed alias Salim alias Gunda, Mohd. Yameen alias Yameen Coolerwala and Sharif Khan alias Sharif Khureji -- are named in the FIR registered at Jagat Puri Police Station.
Noting, "prima facie, there are grounds for presuming that accused persons have committed offences", the court charged them under various sections of IPC including Section 307(attempt to murder), Section 147 (rioting), Section 148 (Rioting, armed with deadly weapon).
Also, charges under Section 186 (Obstructing public servant in discharge of public functions Section), 188 (Disobedience to order duly promulgated by public servant Section), 332 (Voluntarily causing hurt to deter public servant from his duty) and Section 353 (Assault or criminal force to deter public servant from discharge of his duty) were framed against them.
As per the prosecution, on February 26, 2020, a CAA protest along with a flag march was done in Khureji Khas area of Northeast Delhi. When the police reached the spot and asked the crowd to disburse, they refused to leave the area and not only threw stones on the police force but also fired against the cops.
Ishrat Jahan, Khalid and Sabu Ansari were apprehended by the police, the cops claimed, saying others were later arrested and identified by the witnesses.
The court took note of the statements of public witnesses, according to which, "Khalid and Ishrat were instigating the crowd and firing took place from the said crowd. Despite police request, Khalid and Ishrat did not move and were bent on pushing the police and they were abusing the police."
The court, in its order, noted that "there is a lack of clarity about the exact time of the incident of firing."
"Though accused persons have been charge-sheeted for the said conspiracy for which the Investigating Officer has dedicated few paragraphs, yet they do not have any relation with any material which the Investigating Officer has either found or relied upon. The material for criminal conspiracy as narrated by the IO in the chargesheet is either a figment of his imagination or borrowed idea from other case," it added.