A court here has framed charges against Shahrukh Pathan, who had allegedly pointed a gun at a policeman during the north-east Delhi riots, and four others under attempt to murder and rioting.
The court also noted that it was not an ordinary case of individu als or groups committing an unlawful act, and the north-east Delhi riots was of such a nature that had not been witnessed since the 1984 anti-Sikh riots.
The order was passed by Additional Sessions Judge Amitabh Rawat, who framed charges against Pathan, Shamim, Abdul Shehzad, Ishtiyaq Malik and Kaleem Ahmed. Pathan has also been charged under Sections 25 and 27 of the Arms Act and Sections pertaining to promoting enmity between different groups on the grounds of religion, criminal conspiracy, among others. Ahmed was charged under IPC Section 216, which pertains to harbouring an offender who has escaped from custody.
Mr. Rawat, in his order, noted that it was apparent from the statement of head constable Deepak Dahiya that Pathan led a group of rioters and formed an unlawful assembly at 66 Futta Road on February 25 around 2 p.m., armed with deadly weapons, and used criminal force on a public servant to deter him from discharging his duty.
“...even the video shows firing by accused Shahrukh Pathan from a pistol in d aylight with an aim to kill Deepak Dahiya. This is enough for framing the charge against the accused under Section 307 IPC,” the ASJ stated in the order.
The court noted that there was an order under Section 144 of CrPC issued during the protest against the Citizenship Amendment Act and the consequential riots and the knowledge of the same can be presumed in such cases. “Once the promulgation order is in force, knowledge is presumed in the context of the situation that prevailed at that time,” the court stated.
