Delhi Riots: Court discharges three men facing rioting charges, suspects that IO 'manipulated' evidence

Three men facing rioting, criminal conspiracy and other charges have been discharged by a Delhi court hearing a case related to the February 2020 Delhi Riots [State v. Akil Ahmad & Ors]..Additional Sessions Judge Pulastya Pramachala pulled up the Delhi Police for filing chargesheets in a “predetermined, mechanical and erroneous manner”.As a result, the court discharged Akil Ahmad, Rahis Khan and Irshad, who were chargesheeted for offences under Sections 147 (rioting),148 (rioting with deadly weapon), 149 (unlawful assembly with a common object), 188 (disobedience to public order), 436 (mischief by fire), 120B (criminal conspiracy), among others of the Indian Penal Code."It is worth to mention here that this order of discharge is being passed on account of realizing that the reported incidents were not properly and completely investigated and that the chargesheets were filed in predetermined, mechanical and erroneous manner, with subsequent actions to only cover up the initial wrong actions," the order stated.The matter was sent back to the police department for assessment of the investigation carried out in this case and subsequent action as per law..As per the prosecution, a mob had vandalised and set vehicles on fire around Victoria Public School in North-East Delhi. The police stated that the mob, which the accused were allegedly part of, was carrying stones, rods, sticks and blocked roads in the area.The court found contradictory statements given by the complainants in the case and pointed out that the investigating officers (IO) had ignored the fact that there were mobs sloganeering both in favour of and against the Citizenship Amendment Act/National Register of Citizens. “This fact is very important to realise that they were two different and rival mobs. IOs remained silent over the question as to which particular incident was caused by a particular mob," it stated. Judge Pramachala went on to state,"If several incidents took place in and around Victoria Public School at the hands of riotous mob, the job of IO was to ascertain the composition of such mob during each of such incidents. If a person ceases to be member of an unlawful assembly, then he cannot be made responsible for any act done by that mob in absence of such person.” .The court, instead of suspecting the accused persons for their involvement in the alleged incidents, suspected that the IO manipulated the evidence in the case, without actually investigating the reported incidents properly..Advocates Shabana and Mohd Hasan represented the accused persons.Special Public Prosecutor Madhukar Pandey appeared for State..[Read Order]