Court convicts three for rioting, unlawful assembly

A Delhi court has convicted three men in a case related to the 2020 northeast Delhi riots, saying that the prosecution successfully proved they were part of an unlawful assembly that pelted stones at police and obstructed officials on duty during the violence at Khajuri Khas.

Additional Sessions Judge Parveen Singh was hearing a case against Ikram, Sarfaraz and Mustaqueem, accused of rioting, unlawful assembly and assault on public servants, and said that evidence established their guilt in the case.

In an order dated May 18, the court said, “The evidence on record clearly establishes that throughout the relevant period, the unlawful assembly was continuously indulging in stone pelting upon the police force, thereby obstructing public servants in discharge of their duties and causing injuries to several police personnel.”

According to prosecution, the three persons were accused of being part of violence that erupted on February 24, 2020, near the Bhajanpura police booth and Karawal Nagar Road in northeast Delhi during the riots, where an unruly mob allegedly set ablaze shops, carts and a police both and pelted stones at police personnel.

It was alleged that the police officials patrolling the area repeatedly asked people to disperse and announced prohibitory orders before the crowd turned violent. Several policemen were injured in the clashes.

An FIR was subsequently registered at Khajuri Khas police station and charges of abetment, rioting, armed with a deadly weapon, unlawful assembly, and obstructing a public servant in discharge of public functions were framed against all the accused.

The court observed that although no specific overt act was attributed to each accused, membership of an unlawful assembly could itself attract liability where a mob acted with a common object.

“These offences were continuing in nature and were being committed by the assembly in prosecution of its common object. Therefore, any person who was found to be a member of that unlawful assembly...would attract liability,” the judge said. 

Relying on Supreme Court precedents, it said, “proof of membership of the unlawful assembly itself is sufficient to attract vicarious liability.”

However, the court said the evidence was insufficient to hold the convicted men responsible for arson and vandalism charges relating to burning of the police booth and destruction of property. It also found that charges under IPC Section 148, concerning deadly weapons, were not proved.

The court held that evidence established the three convicts were members of an assembly “indulging in continuous stone pelting upon the police force” and obstructing officials in discharge of duty.