[Delhi Riots] Unlawful assembly wanted to create fear among Hindus to leave country: Delhi court

A Delhi court has ordered framing of rioting and other charges against ten men in a case related to Delhi riots of 2020 after the court prima facie found that they were members of an unlawful assembly, formed with an object “to create fear and panic” among Hindus and to threaten them to leave the country [State v. Mohd Shahnawaz]..Additional Sessions Judge Virender Bhat’s order stated,“The material on record prima facie discloses that the accused were the members of an unlawful assembly on 25.02.2020 which had been formed with the object to create fear and panic amongst the people belonging to Hindu community, to threaten them to leave the country and to cause arson, loot etc., as well as to set ablaze the shops/houses belonging to them.”.Accordingly, the Court ordered framing of charges under Sections 147 (rioting), 148 (rioting armed with deadly weapon), 436 (Mischief by fire or explosive substance with intent to destroy house, etc.) , 452 (house trespass), 454 (lurking house-trespass or house-breaking), 392 (robbery), 427 (mischief causing damage to the amount of fifty rupees) read with Section 149 (every member of unlawful assembly guilty of offence committed in prosecution of common object) of the Indian Penal Code against Mohd Shahnawaz, Mohd Shoaib, Shahrukh, Rashid, Azad, Ashraf Ali, Parvez, Md Faisal, Rashid alias Monu and Mohd Tahir.The case stems from an alleged incident that took place on February 25, 2020. A mob was stated to have vandalised and burnt an auto repair shop. The special prosecutor argued that apart from the police witnesses, three public witnesses including the complainant had identified the accused persons..The counsel appearing on behalf of the accused persons called it a false case.“Prima facie, at this stage there does not appear any ground to disbelieve the version of these three witnesses. They have taken the names of only three accused whom they already knew and had seen them in the mob,” the Court noted..From the available material on record the Court observed there was rioting, looting and setting ablaze of the complainant’s property by the accused persons.“Undoubtedly, if the evidence collected during the course of investigation as annexed with the chargesheet remains unrebutted, the conviction of the accused is reasonably possible. Thus, there is no escape from the conclusion at this stage that the accused were members of unlawful assembly which resorted to vandalism, rioting, etc…No case for their discharge is made out,” held the verdict.The Court will formally frame the charges on December 21..[Read Order]