2020 Delhi Riots: While Acquitting Accused, Delhi Court Flags 'Mechanical' Probe, 'Unreliable' Statements

New Delhi: Terming the Delhi police’s investigation as “mechanical” and noting the fact that statements of police witnesses were “unreliable”, a court has acquitted five persons who were accused of rioting and arson during the 2020 Northeast Delhi riots.

The five accused – Abdul Sattar, Arif Malik, Khalid, Tanveer and Hunain – were recently acquitted by additional sessions judge (ASJ) Parveen Singh of Karkardooma Court in the case that pertains to stone pelting and arson near the Bhajanpura petrol pump. 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, reported Indian Express.

The prosecution’s case mostly rested on the statements of three police witnesses.

“…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, reported the newspaper.

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, reported Indian Express.

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