Delhi High Court dismisses Khalid Saifi plea against attempt to murder charge in Delhi Riots case

The Delhi High Court on Tuesday dismissed a plea by activist Khalid Saifi challenging the attempt to murder charge against him in a case connected to the 2020 Northeast Delhi riots. [Khalid Saifi v State of NCT of Delhi]

Justice Manoj Kumar Ohri pronounced the judgment on the revision petition by Saifi.

On January 19, a sessions court in Delhi had framed charges of attempt to murder and rioting against former Congress councillor Ishrat Jahan, Khalid Saifi and eleven others.

However, the sessions court had discharged the accused from the offences of criminal conspiracy and use of illegal firearms.

Referring to the criminal conspiracy charge, the sessions judge had concluded that the charge against the accused was "completely bereft of any reasoning."

He had said that the same was a “figment of imagination” of the investigating officer and said that the idea may have been borrowed from some other case.

However, the judge had found that prima facie, the accused persons were part of a “riotous armed mob” that had “assembled and refused to follow the direction of police” to disperse and had thrown stones and assaulted police officers. 

Hence, the accused - Ishrat Jahan, Khalid Saifi, Vikram Pratap, Samir Ansari @ Samim, Mohd. Salim @ Samir Pradhan, Sabu Ansari, Iqbal Ahmed, Anzaar @ Bhoora, Mohd. Ilyas, Mohd. Bilal Saifi @ Lamba, Salim Ahmed @ Salim @ Gunda, Mohd. Yameen @ Yameen Coolerwala and Sharif Khan @ Sharif Khureji were charged under the following provisions of the Indian Penal Code:

• Section 147 - rioting

• Section 148 - Rioting, armed with deadly weapon

• Section 186 - Obstructing public servant in discharge of public functions

• Section 188 - Disobedience to order duly promulgated by public servant

• Section 332 - Voluntarily causing hurt to deter public servant from his duty

• Section 353 - Assault or criminal force to deter public servant from discharge of his duty

• Section 307 - attempt to murder.

Saifi then approached the High Court against the order of the sessions court.

The same was dismissed today.

Detailed order awaited.