Five years after 2020 Delhi riots, court frames charges of vandalism and arson against 57 persons

Delhi court orders framing of charges against 57 persons in North East Delhi riots case, leaving 50 dead.

A Delhi court has recently ordered framing of charges vandalism, arson etc against 57 persons in a case pertaining to North East Delhi riots 2020 that left over 50 dead and several injurd.

Additional sessions judge (ASJ) Pulastya Pramachala on March 15, had said that the evidence on the record prima facie shows that the accused persons were part of an unlawful assembly, which came into action with the common objective of going on rampage and damage properties.

It added that in pursuance of the assembly’s ‘common’ objective, they torched a truck, a two-wheeler and a godown, alongwith other articles.

“Section 149 IPC provides that every member of such assembly is liable for an offence committed by any member of unlawful assembly, in prosecution of the common object of that assembly. Therefore, the argument of defence regarding absence of specific role assigned to particular accused is insignificant,” the court added.

The charges were framed under IPC Sections 148 (rioting, armed with a deadly weapon) 435 (mischief by fire with intent to cause damage to an amount of Rs 100 or upwards), 436 (mischief by fire with intent to destroy house) 323 (voluntarily causing hurt) 341 (wrongful restraint) read with IPC Sections 149 (unlawful assembly) and 188 (disobedience to order promulgated by a public servant) against all the accused persons besides a case of wrongful restraint and causing hurt to a man named Om Prakash.

The judge, however, discharged the accused persons from the offence of criminal conspiracy, saying from the statements of the witnesses, the element of prior agreement among the accused persons and others cannot be inferred.

The stems from three FIRs lodged at Dayalpur police station by Ashish Tiwari, Shankar Kumar and Shahzada who alleged that their shop, vehicle and godown were burnt by the mob, respectively during riots.