Abdul Sattar, Arif Malik, Khalid, Tanveer and Hunain were recently acquitted by Additional Sessions Judge Parveen Singh of Karkardooma Court in the case involving arson in Bhajanpura
NEW DELHI — Five Muslims have recently been acquitted in the 2020 Northeast Delhi riots case. Additional Sessions Judge (ASJ) Parveen Singh of Karkardooma Court acquitted the five of charges of involvement in stone pelting and arson near a petrol pump in the Bhajanpura locality during the riots that rocked the national capital and resulted in the death of 53 people, most of them Muslims.
ASJ Singh termed the Delhi Police’s investigation as “mechanical” and noted the fact that statements of police witnesses were “unreliable”.
The five – Abdul Sattar, Arif Malik, Khalid, Tanveer and Hunain – were charged with playing an active role in stone pelting and arson. The complainant, Tarun, who had suffered injuries during the incident, had alleged that a mob beat him with lathis and set his motorcycle on fire, media reports said on Friday.
During the trial, the prosecution relied primarily on the testimonies of three police witnesses, while no independent witnesses were examined to substantiate the allegations against the accused.
“…the sole testimony of PW 4 (police witness), in light of the fact that the other two witnesses have not been found to be reliable, and there being a probability of investigation being done in a mechanical manner to solve the case… will not be sufficient to convict the accused for these offences,” ASJ Singh said in his order dated December 11.
“…according to both these witnesses, they, along with other members of staff from police station Bhajanpura, had left the police station for Noor E Ilahi… they reached Noor E Ilahi at around 9-10 am and at about 1 pm, through a telephone call, duty officer directed him and others to reach Bhajanpura petrol pump. “…their departure from PS (police station) was of 1 pm and therefore, they could not have received a call at the same time to reach Bhajanpura petrol pump as first they had gone to Noor E Ilahi,” ASJ Singh added after going through the daily entry of the police, a report in The Indian Express said.
The court also pointed out the fact that an employee of the petrol pump had stated that the pump had been closed by 12.30 pm on the day of the incident. However, the complainant had said that he had gone to the pump at 2 pm to get his vehicle refuelled. “Therefore, if the testimony of PW 7 is considered, the petrol pump was not operational and was not receiving customers after 12.30 pm. However, according to PW 14, he had reached petrol pump at around 1.30-2 pm and got in line for getting petrol. This seems an impossibility in the light of the testimony of PW 7…,” said ASJ Singh.
“…it is strange that IO (investigating officer) would not ask the witnesses of this case… about the involvement of the accused in this case,” he added.
While 695 cases of rioting, arson, and unlawful assembly were lodged by the district police in connection to the riots, 80% of the cases that have been decided have resulted in acquittals, The Indian Express report said.
Several Muslim accused in the riots case have been acquitted due to lack of evidence. In one instance, a Delhi court acquitted six Muslim men, who were falsely accused of rioting and arson. In August last year the court found that there was no concrete evidence against them, and the prosecution’s case was based on unreliable witness statements.
