The court acquits the accused of conspiracy, citing no proof of pre-planned violence or mutual coordination
NEW DELHI — A Delhi court has framed serious charges against 57 persons accused in the 2020 North East Delhi riots, holding them responsible for their role in acts of arson, destruction of property, and violence. However, the court said there was not enough evidence to prove that the violence was pre-planned, and thus acquitted all the accused of criminal conspiracy.
The case, which was registered at Dayalpur police station on 24 February 2020, relates to incidents near Main Wazirabad Road and Chand Bagh. The violence, which broke out in the last week of February that year, had claimed 53 lives, most of them Muslims, and left hundreds injured. Vehicles, shops, homes, and even places of worship were destroyed.
The accused were reportedly part of a large mob that went on a rampage during the communal clashes. Additional Sessions Judge Pulastya Pramachala, while delivering his order on 15 April 2025, said, “The evidence on record prima facie shows that the accused persons were part of an unlawful assembly who had gathered with the common intention of causing disturbance and damage to public and private property.”
According to the court order, the mob set fire to a truck, a two-wheeler, and a godown. The judge noted that the accused had also wrongfully restrained a man named Om Prakash and caused him injuries during the violence.
“The presence of all the accused in the mob of rioters has been established through different witnesses,” the court stated. Judge Pramachala said that a prima facie case was made out against the accused under several sections of the Indian Penal Code (IPC), including: Sections 148 (rioting while armed with deadly weapons), 435 (mischief by fire or explosive substance with intent to cause damage), 436 (mischief by fire or explosive substance with intent to destroy a house), 323 (voluntarily causing hurt), 341 (wrongful restraint), 149 (unlawful assembly), and 188 (disobedience to an order by a public servant).
However, the judge found no basis for the allegation that the violence was a result of a planned conspiracy. “It appears from the witness statements that a mob had gathered near Main Wazirabad Road and 25 Foota Road, Chand Bagh. The mob later turned violent and indulged in rioting, vandalism and arson,” the judge observed.
The acquittal on conspiracy charges raises important questions. Many have previously accused Hindutva supporters and leaders of the ruling BJP of inciting mobs against Muslims, but such claims are often ignored or never fully investigated.
“The court may have framed charges against those caught on the spot, but the bigger question is: who provoked these people?” asked Advocate Shahnawaz Ali, a lawyer familiar with riot-related cases. “Many victims, especially Muslims, believe this was not a spontaneous act but part of a wider pattern to target their community.”
Delhi-based social activist Shazia Khan said, “It’s always the poor Muslims who get arrested and blamed. But who actually started the hate speeches? Who protected those leaders who openly called for violence?”
Videos of BJP-affiliated leaders, including those from ABVP and other Hindutva outfits, making inflammatory speeches in the run-up to the riots had gone viral. Yet, few arrests were made, and most investigations focused only on Muslim neighbourhoods.
Rights organisations have long argued that the state machinery failed to act impartially during the riots. Amnesty International, in its 2021 report, noted: “The Delhi Police have shown bias in their investigation, selectively targeting anti-CAA protesters while failing to take action against those associated with Hindutva groups.”
Many of the 57 accused are from poor backgrounds, and their families say they were wrongly picked up. “My son was at home, but the police dragged him out and named him in the riot case,” said Rafiq, father of one of the accused. “We are happy the court at least did not find them guilty of conspiracy, but we want full justice.”
Legal experts say the court’s refusal to uphold the conspiracy charge could affect how the entire series of riot cases unfold. “Without naming the masterminds or political instigators, this judgment becomes a half-truth,” said Supreme Court advocate Mehmood Pracha.
For now, the 57 will stand trial for their alleged actions during the riots. But for many in the community, justice still feels far away.
“It’s not enough to punish the pawns,” said Shazia Khan. “The real culprits — those who called for violence, those who protected the attackers, those in power — they are still untouched.”
The next hearing in the case is expected in May, and defence lawyers are planning to seek discharge of their clients on individual grounds. Meanwhile, families of the accused, mostly Muslims from working-class backgrounds, are struggling with the financial and social toll of prolonged legal battles.
