New Delhi [India], October 14 (ANI): A Delhi Court, hearing North East Delhi riots cases, framed charges against six accused persons including Ex-MCD Councillor Tahir Hussain and his brother Shah Alam, observing that the mob hatched a conspiracy “to kill Hindus and harm them” and as part of that, a gunshot injury was caused to one person named Ajay Jha.
This case is connected with an FIR registered in the Police station Dayal Pur in relation to an incident of rioting and gunshot injury to a person.
Additional Sessions Judge Pulastya Pramachala of Karkardooma Court on Thursday, framed charges against Tanveer Malik, Mohammed Tahir Hussain, Gulfam alias VIP, Nazim, Kasim and Shah Alam.
The judge said, “I do not find any clash or rivalry between ingredients of Section 120 (B) and Section 149 of the Indian Penal Code (IPC). The facts and evidence of this case show that among the persons assembled at the house of Tahir Hussain, some were equipped with firing weapons.”
Petrol bombs were also arranged, by accumulating the required materials in the house of Tahir Hussain. All these things were done to target Hindus,” the judge added.
The judge further said, “Every member of the mob assembled there, participated in achieving and encouraging others, to target Hindus. Such conduct of the members of this mob shows that they were acting out of the meeting of their mind and with a clear-cut objective in mind, to kill and harm Hindus.”
However, the court discharged all the accused persons from the charges of setting a property on fire due to the absence of evidence.
The judge said, ” I find all accused persons liable to be tried for offences punishable under sections 120 (B) of IPC r/with Sections 147, 148, 153A, 302 IPC.”
“They are also liable to be tried for offences punishable u/s 147, 148, 307 read with 120B and 149 IPC,” the judge ordered.
The judge further ordered that “They are also liable to be tried for offences punishable u/s 153A r/with 120B and 149 IPC.”
The Court also framed additional charges against Gulfam and Tanveer for offences punishable under section 27 of the Arms Act.
However, the court discharged the accused person from allegations of arson.
The judge said, ” On the record, I do not find specific allegation, description or evidence related to any property as covered within the description given in Section 436 IPC, with a clear indication of such property being set ablaze by this mob in the present case.”
“Similarly, I do not find any evidence in support of the allegation of an offence under Section 505 IPC. Hence, all accused are discharged for offences punishable u/s 436 and 505 IPC,” the judge ordered on October 13.
In the present case an FIR was registered on March 2, 2020, on the basis of information received dated February 25, 2022, at PS Dayalpur, from Shushrut Trauma Center regarding firearm injury to one Ajay Jha, near Lakhpat School, Chand Bagh.
The injured Ajay Kumar Jha, in his statement, stated that when on February 25, 2020, at about 4 pm, he was going toward Chand Bagh and when he reached the house of accused Tahir Hussain he saw a number of persons present the terrace of the house of Tahir Hussain, who were firing gunshots and pelting petrol bombs and stones on the nearby houses.
He also stated that Tahir Hussain and his brother Shah Alam along with other companions were pelting stones and throwing petrol bombs on the houses of Hindus. They were also firing occasionally. The mob present there was raising religious slogans. Some boys saw Ajay and started pelting stones at him.
In the meantime, one boy namely Gulfam alias VIP (a local resident) standing downstairs of the Tahir’s, fired at Ajay, which injured him on his shoulder and chest. Ajay knew him.
Ajay had identified and named some persons from that mob, who were Tahir Hussain, Shah Alam, Tanveer, Nazeem and Kasim.
During further investigation, a site plan was prepared and stones, bottles, gulel, mobile phones, DVR etc. were seized. Various articles were seized from the house of Tahir Hussain, which included stones and materials to prepare petrol bombs.
The Investigation Officer (IO) examined several other witnesses and arrested accused Tanvir Malik, Gulfam alias VIP, Nazim, Kasim and Shah Alam on April 30, 2020, and accused Mohd. Tahir Hussain on May 5, 2020.
As far as the allegation of conspiracy is concerned, the prosecution itself has referred to FIR 59/20 of the Crime branch, wherein the conspiracy behind the start of riots in Delhi, was the subject matter of investigation, the court said.
“There is the concept of an Umbrella Conspiracy being the larger conspiracy and several smaller conspiracies under the larger conspiracy. The objective of an Umbrella Conspiracy may be wider than the objective of a smaller conspiracy. Planning to ignite a communal riot and taking steps for the prosecution of such plan, could be Umbrella Conspiracy and participants to this conspiracy may or may not be part of each smaller conspiracy and vice versa,” the court further said.
In pursuance of the objective of the larger conspiracy, when smaller plans are made and executed to cause an incident of a riot at a particular place or area involving some other persons (perhaps including local persons), this becomes a case of smaller conspiracy under Umbrella Conspiracy, the court added.
Therefore, FIR 59/20 as referred herein above is to be treated to cover the aspect of Umbrella Conspiracy. The allegations and evidence in this case, have to be assessed to find out the existence of a smaller conspiracy peculiar to an incident covered in this case, the court said. (ANI)
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Source: The Print
