According to the police, both were part of a riotous mob. Their Call Data Record locations were found at the Bhajanpura intersection and in nearby areas where the alleged incident took place.
The judge said that the failure on the part of police officers to take appropriate measures for prosecution of the riot cases is causing "avoidable delay in the trial."
As per Delhi Police, five men shot Mohd Anwar and set him on fire inside Ramlila Ground opposite his house in Delhi's Karawal Nagar area, as he was from a 'different community'.
A court asked the police how a charge sheet in the case was sustainable in law as the FIR was registered on a complaint in which three of the co-accused had been discharged earlier.
The trial judge directed Joy N. Tirkey, DCP (Crime Branch), to furnish a complete set of charge sheet in physical form to the court within two weeks.
In a status report submitted on September 10, the Bhajanpura SHO replied that complaints of rioting that took place in block D and E blocks will be investigated separately.
The court was informed by the Additional Solicitor General SV Raju, representing Delhi Police, that they have not received the reply of complainant Mohammad Nasir in the matter.
The court had asked the police why five incidents of alleged rioting, theft, and arson which took place at three different blocks of Bhajanpura area on different dates were clubbed in a single FIR.
The accused were arrested based on disclosure statements given by them in other cases filed against them and identification by police constables, who were posted as beat officers in that area.
Judge Yadav said the ingredients of Section 436 of the Indian Penal Code, which was added in the charge sheet, are "not at all made out" from the material produced by the investigating agency.
Khalid Saifi's remarks came days after the police said JNU student Sharjeel Imam, began one of his alleged inflammatory speeches with "As-salamu alaykum".
Additional Sessions Judge Vinod Yadav discharged 22-year-old Javed for the offence of causing 'mischief by fire or explosive substance'.
Asif Iqbal Tanha, a student of Jamia Millia Islamia, who is charge sheeted in the Delhi riots conspiracy case, told the HC that sensitive information was leaked during investigation.
Additional Sessions Judge Vinod Yadav had called the case a colossal wastage of the hard-earned money of taxpayers, adding that the police merely tried to pull the wool over the court’s eyes.
The court noted that the accused is languishing in jail for almost one year and it is unable to proceed with the case on merits.