[Delhi Riots] Delhi court convicts man for harbouring Shahrukh Pathan

A Delhi court has convicted a man for harboring Shahrukh Pathan, one of the accused who had pointed a gun and allegedly threatened to shoot an unarmed Delhi Police personnel during the riots of February 2020 [State v. Kaleem Ahmed]..One Kaleem Ahmed was convicted by the Additional Sessions Judge Amitabh Rawat after Ahmed voluntarily pleaded guilty to the charge framed against him under Section 216 (harbouring offender who has escaped from custody or whose apprehension is ordered) of the Indian Penal Code (IPC) 1860."Vide a detailed order on charge dated December 7, 2021, charges under Section 216 IPC was framed against the accused Kaleem Ahmed. The charge was explained to him in Hindi language in the presence of his counsel and the accused voluntarily pleaded guilty to the charge framed against him. Since the accused has voluntarily pleaded guilty to the charges framed against him under Section 216 IPC, hence, he is held guilty and accordingly convicted for the offence under Section 216 IPC," the Court ordered.This order of conviction was passed in relation to a First Information Report (FIR) registered at Jafrabad Police Station. Importantly, Judge Rawat had on the same day framed charges against Shahrukh Pathan and three others in connection with a rioting case connected to north-east Delhi violence.Pathan and others were charged for offences under Sections 147 [Punishment for rioting], 148 [Rioting, armed with deadly weapon], 186 [Obstructing public servant in discharge of public function], 188 [Disobedience to order duly promulgated by public servant], 353 [Assault or criminal force to deter public servant] and 307 [Attempt to Murder] read with Section 149 [Unlawful Assembly] of the Indian Penal Code 1860 were framed against the accused persons including Pathan.Pathan was additionally charged under Sections 25 and 27 of the Arms Act 1959.The Court noted that it was clear from the testimony of Head Constable Deepak Dahiya, at whom a gun was pointed, that Pathan had led a group of rioters who formed an unlawful assembly.As far as Kaleem's (one of the accused) participation was concerned, Shahrukh Pathan had made a disclosure that when he was going to Punjab for taking shelter, his car had developed a snag and hence, he dropped the idea of going to Punjab and called his acquaintance Kaleem, who then took him and his car by towing away the same.In this backdrop, the Court had noted:"As per CDR analysis of mobile number of accused Kaleem Ahmed, his location was at Kairana, Shamli, U.P at about 09:14 AM and thereafter, his location moved towards Panipat, Haryana. Tower Cell ID of both the mobile phones i.e. Shahrukh and Kaleem may be different due to different telecom service providers but it clearly shows that Shahrukh was waiting for Kaleem at Panipat, HR and Kaleem Ahmad reached Panipat for help."Additionally, the Court also noted in the order:"The DVR installed at the Alina Mobile Center, Kairana, Shamli, U.P. from where the accused Shahrukh Pathan had purchased the mobile phone was checked and it was found that on 27.02.2020 at about 12:50 PM, both accused Shahrukh and Kaleem had visited together at the said shop for buying a mobile."Since Kaleem had voluntarily pleaded guilty to the charges framed against him under Section 216 of IPC, the Court convicted him for the same..[Delhi Riots] Haven't seen such riots in Delhi since 1984: Delhi Court in charge order against Shahrukh Pathan.[Read Order]