New Delhi: A court here has framed charges for various offences, including rioting, against two accused in a 2020 northeast Delhi riots case pertaining to an alleged attack on a school at Brijpuri here, saying “the common object of the mob was to cause damage to properties of Hindus.” The court was hearing a case against Shamim Ahmed, Mohd. Kafil and Faizan, who were accused of being a part of a mob that engaged in vandalism and arson after entering the Arun Modern Public Senior Secondary School on Brijpuri Main Road here on February 25, 2020.
According to the complaint, the mob torched the school's computer laboratory, library and various other goods, causing damage of around Rs 1.25 crore.
“I find the accused Shamim Ahmed and Mohd. Kafil are liable to be tried for offences under sections 147 (rioting), 148 (rioting, armed with deadly weapon) 427 (mischief damage to amount of 50 rupees or upwards) 435 (mischief by fire or explosive substance with intent to cause damage to an amount of 100 rupees or upwards) 436 (mischief by fire or explosive substance with intent to destroy house, etc.) of IPC read with section 149 (every member of unlawful assembly guilty of offence committed in prosecution of common object) and Section 188 (disobedience to order duly promulgated by public servant) of the IPC,” Additional Sessions Judge Pulastya Pramachala said in an order passed on Tuesday.
The third accused Faizan was absconding and declared proclaimed offender in the case. The judge said on the basis of statements of witnesses, there was “sufficient material” to show that the accused along with other unknown members of the mob formed an unlawful assembly with a common object.
In pursuance of their common object, they attacked and forcibly entered the school with a common object to cause maximum damage, the judge said.
“It is also apparent that this school was chosen because it belonged to Hindus and the common object of the aforesaid mob was to cause damage to properties of Hindus,” the judge added.
The court noted that the mob, equipped with weapons, committed riot and torched the school's computer lab, library and vehicles along with other articles and properties. The court, however, discharged the accused persons from the offence of criminal conspiracy.
"Since the allegations of conspiracy are based on presumption, rather than any concrete evidence, I do not find it sufficient to presume that the accused persons acted out of pre-hatched conspiracy,” the court said. The Dayalpur police station had registered an FIR against the accused.