However, the court ordered Solanki’s release as he had already spent more than three years in custody
NEW DELHI — Observing that the nature of the offences demanded no leniency, Additional Sessions Judge (ASJ) Parveen Singh of the Karkardooma Court in the national capital, sentenced Lokesh Kumar Solanki alias Rajput to three years’ simple imprisonment for promoting communal hatred through inflammatory WhatsApp messages during the 2020 Northeast Delhi riots.
The court noted that Solanki’s conduct “added fuel to the already simmering tensions” at a volatile time.
Although finding him guilty and awarding him the sentence, the court ordered Solanki’s release as he had already spent more than three years in custody, the Law Beat website said in a report on Sunday.
The judge passed the sentencing order on July 8 following Solanki’s conviction on June 5 under Sections 153A and 505 of the Indian Penal Code (IPC).
Solanki was held guilty of spreading messages that promoted enmity and hatred against the Muslim community and incited others to commit violence. The court had earlier found that his messages were designed to provoke members of a WhatsApp group to act against Muslims during the communally charged atmosphere of February 2020.
While Special Public Prosecutor (SPP) Saleem Ahmed argued for the maximum punishment under both charges, citing the serious nature of the offences, Solanki’s counsel, Nishant Kumar Tyagi, urged the court to consider the time already served in custody and his family circumstances, the report said.
Tyagi submitted that Solanki was a young man with elderly parents and had been incarcerated for over three years, the maximum punishment prescribed under both provisions.
The court agreed and said that since the convict had already undergone imprisonment beyond the statutory maximum sentence, the ends of justice would be served by formal sentencing coupled with his release.
Solanki was also fined Rs. 25,000 under Section 153A IPC. An identical sentence and fine were also imposed under Section 505 IPC. Both sentences are to run concurrently. In default of payment of either fine, Solanki would face an additional six months’ imprisonment for each offence.
The court further directed that Solanki be given the benefit of Section 428 of the CrPC (set-off for the period of detention undergone) and clarified that the fines would be recoverable under Sections 461 and 471 of the Bharatiya Nyaya Sanhita.
