News Analysis India

Tag: 2020 Delhi riots

  • 2020 Delhi riots: Court orders framing charges of arson, theft against 5 accused

    By PTI

    NEW DELHI: A sessions court here has ordered the framing of charges, including those related to rioting, arson and theft, against five accused in a case of the 2020 northeast Delhi riots, saying a “prima facie” case was made out against them.

    The court was hearing a case against Ankit, Sourabh Sharma, Rohit, Rahul Kumar and Sachin, who were accused of being present in a riotous mob that set ablaze a place of worship and other properties, besides committing theft in Karwal Nagar on February 25, 2020.

    “I find that a prima facie case is made out against the accused persons,” Additional Sessions Judge Pulastya Pramachala said in an order passed on Monday.

    He said the accused are liable to be tried for the offences under Indian Penal Code (IPC) sections 148 (rioting, armed with a deadly weapon), 149 (unlawful assembly), 188 (disobedience to order duly promulgated by a public servant), 380 (theft in dwelling house) and 427 (committing mischief and thereby causes loss or damage to the amount of Rs 50 or upwards).

    The five accused will also face trial for the offences under IPC sections 435 (mischief by fire or explosive substance with intent to cause damage to an amount of Rs 100 or upwards), 436 (mischief by fire or explosive substance with intent to destroy building), and 450 (house-trespass in order to commit an offence punishable with imprisonment for life), ASJ Pramachala said.

    Noting the statements of witnesses, including two police officials, the court said there was an unlawful assembly that vandalised the properties of people belonging to a particular community.

    “They trespassed into houses of the victims so as to vandalise and set them on fire. Thus, they were acting out of a common object being shared by all the members of that assembly. Accused persons were duly identified by these witnesses,” the court said.

    NEW DELHI: A sessions court here has ordered the framing of charges, including those related to rioting, arson and theft, against five accused in a case of the 2020 northeast Delhi riots, saying a “prima facie” case was made out against them.

    The court was hearing a case against Ankit, Sourabh Sharma, Rohit, Rahul Kumar and Sachin, who were accused of being present in a riotous mob that set ablaze a place of worship and other properties, besides committing theft in Karwal Nagar on February 25, 2020.

    “I find that a prima facie case is made out against the accused persons,” Additional Sessions Judge Pulastya Pramachala said in an order passed on Monday.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });

    He said the accused are liable to be tried for the offences under Indian Penal Code (IPC) sections 148 (rioting, armed with a deadly weapon), 149 (unlawful assembly), 188 (disobedience to order duly promulgated by a public servant), 380 (theft in dwelling house) and 427 (committing mischief and thereby causes loss or damage to the amount of Rs 50 or upwards).

    The five accused will also face trial for the offences under IPC sections 435 (mischief by fire or explosive substance with intent to cause damage to an amount of Rs 100 or upwards), 436 (mischief by fire or explosive substance with intent to destroy building), and 450 (house-trespass in order to commit an offence punishable with imprisonment for life), ASJ Pramachala said.

    Noting the statements of witnesses, including two police officials, the court said there was an unlawful assembly that vandalised the properties of people belonging to a particular community.

    “They trespassed into houses of the victims so as to vandalise and set them on fire. Thus, they were acting out of a common object being shared by all the members of that assembly. Accused persons were duly identified by these witnesses,” the court said.

  • Justice Muralidhar, the Judge who never made it to SC and a vanguard committed to the rule of law

    Express News Service

    NEW DELHI:  Justice S Muralidhar, whose elevation to the Supreme Court was overlooked despite being one of the senior-most High Court (HC) judges in the country and is acknowledged for passing crucial judgments in many sensitive matters, demitted office as the chief justice of Orissa HC on August 7, 2023, after a 17-year illustrious career as a judge. 

    Justice Muralidhar had a 14-year tenure in the Delhi HC, before being transferred to the Punjab and Haryana HC through a midnight order, a development that was widely panned by lawyers, former judges, civil society members and the media. 

    In December 2020, he was elevated to the Chief Justice of the Orissa HC. In September 2022, the Supreme Court collegium recommended his transfer to Madras HC, but the Centre did not notify the same.

    The judge who was widely known for his blue Maruti Omni van that used to be parked at the SC’s parking lot — that he used as his ‘chamber’ — delivered many bold and progressive verdicts during his tenure in the Delhi HC. 

    Taking note of the serious condition of those wounded in the northeast Delhi riots which broke out in 2020, a bench headed by Justice Muralidhar in an emergency midnight hearing conducted on February 26, 2020, directed Delhi police to ensure their safe passage to GTB hospital for treatment. His stern orders in the riots cases reportedly earned him the ire of the powers that be. 

    While hearing the case related to CAA-linked violence, Justice Muralidhar had pulled up the Delhi police for failing to take action against three BJP leaders for hate speech and had asserted that the court “would not let another 1984 happen” in India under its watch. 

    Apart from being a part of the bench that first decriminalized homosexuality in the Naz Foundation case in 2009 and allowing RTI pleas on the disclosure of assets of SC judges in 2010, Justice Muralidhar also granted relief to Gautam Navalkha in the Bhima Koregaon case.

    He also convicted 16 members of the Uttar Pradesh Provincial Armed Constabulary for their role in the 1986 Hashimpura massacre — which witnessed the killing of 50 Muslim men by police on or around 22 May 1987 near Meerut. Another major verdict delivered by Justice Muralidhar was the conviction of Congress leader Sajjan Kumar for his role in the 1984 anti-Sikh riots.

    “The most moving moment as a judge was in this very court sitting where I am today when on July 2, 2009, Chief Justice A.P. Shah and I delivered our judgment in Naz Foundation. Even as we held that consensual same-sex between adults in private was not a crime, the relief that swept through the courtroom amongst those waiting to hear the verdict was palpable. Many broke down right here in front of us. At that moment, we knew that something irreversible had happened,” he later remarked, in his farewell speech in Delhi HC.

    In his farewell speech delivered in Delhi HC in 2020, Justice Muralidhar said, “Over the years, I have realised that it is not enough for lawyers and judges to speak about constitutional values. It is essential to imbibe them,” and added: “The constitutional values of equality, non-discrimination, dignity, prohibition of untouchability, inclusivity, and plurality have to be practised continuously at both a personal and professional level.”

    Justice Muralidhar’s tenure on the bench was marked by his unwavering commitment to justice, fairness, and the rule of law. Even after his retirement, his legacy continues to inspire both legal practitioners and the general public. 

    NEW DELHI:  Justice S Muralidhar, whose elevation to the Supreme Court was overlooked despite being one of the senior-most High Court (HC) judges in the country and is acknowledged for passing crucial judgments in many sensitive matters, demitted office as the chief justice of Orissa HC on August 7, 2023, after a 17-year illustrious career as a judge. 

    Justice Muralidhar had a 14-year tenure in the Delhi HC, before being transferred to the Punjab and Haryana HC through a midnight order, a development that was widely panned by lawyers, former judges, civil society members and the media. 

    In December 2020, he was elevated to the Chief Justice of the Orissa HC. In September 2022, the Supreme Court collegium recommended his transfer to Madras HC, but the Centre did not notify the same.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });

    The judge who was widely known for his blue Maruti Omni van that used to be parked at the SC’s parking lot — that he used as his ‘chamber’ — delivered many bold and progressive verdicts during his tenure in the Delhi HC. 

    Taking note of the serious condition of those wounded in the northeast Delhi riots which broke out in 2020, a bench headed by Justice Muralidhar in an emergency midnight hearing conducted on February 26, 2020, directed Delhi police to ensure their safe passage to GTB hospital for treatment. His stern orders in the riots cases reportedly earned him the ire of the powers that be. 

    While hearing the case related to CAA-linked violence, Justice Muralidhar had pulled up the Delhi police for failing to take action against three BJP leaders for hate speech and had asserted that the court “would not let another 1984 happen” in India under its watch. 

    Apart from being a part of the bench that first decriminalized homosexuality in the Naz Foundation case in 2009 and allowing RTI pleas on the disclosure of assets of SC judges in 2010, Justice Muralidhar also granted relief to Gautam Navalkha in the Bhima Koregaon case.

    He also convicted 16 members of the Uttar Pradesh Provincial Armed Constabulary for their role in the 1986 Hashimpura massacre — which witnessed the killing of 50 Muslim men by police on or around 22 May 1987 near Meerut. Another major verdict delivered by Justice Muralidhar was the conviction of Congress leader Sajjan Kumar for his role in the 1984 anti-Sikh riots.

    “The most moving moment as a judge was in this very court sitting where I am today when on July 2, 2009, Chief Justice A.P. Shah and I delivered our judgment in Naz Foundation. Even as we held that consensual same-sex between adults in private was not a crime, the relief that swept through the courtroom amongst those waiting to hear the verdict was palpable. Many broke down right here in front of us. At that moment, we knew that something irreversible had happened,” he later remarked, in his farewell speech in Delhi HC.

    In his farewell speech delivered in Delhi HC in 2020, Justice Muralidhar said, “Over the years, I have realised that it is not enough for lawyers and judges to speak about constitutional values. It is essential to imbibe them,” and added: “The constitutional values of equality, non-discrimination, dignity, prohibition of untouchability, inclusivity, and plurality have to be practised continuously at both a personal and professional level.”

    Justice Muralidhar’s tenure on the bench was marked by his unwavering commitment to justice, fairness, and the rule of law. Even after his retirement, his legacy continues to inspire both legal practitioners and the general public. 

  • Kin of those booked in 2020 Delhi riots case demand justice

    By PTI

    NEW DELHI: The families of those booked in connection with the 2020 Delhi riots and other cases gathered here on Saturday to demand justice, alleging that charges have been “strategically” framed to “scare” those raising their voice for people.

    Nargis Saifi, wife of Khalid Saifi who is an accused in the 2020 riots case, alleged that several others like her husband have been labelled as “anti-nationals” and arrested.

    “Khalid used to hit the streets to raise the voice of citizens. Several others like Khalid have been labelled as anti-nationals and arrested. I barely accompanied him to the protests but now the situation is such that I am bound to speak up,” Nargis said at a press conference.

    She alleged that the “government has framed these charges very strategically to scare those who raise their voice.”

    The riots, which went on for three days, had erupted in northeast Delhi on February 24 after clashes between citizenship law supporters and protesters spiralled, leaving at least 53 people dead and around 200 injured.

    As northeast Delhi became the epicentre of violence, clashes also broke out at Jaffrabad, Maujpur, Chandbagh, Khureji Khas, Bhajanpura, Dayalpur, Gokalpuri and other areas.

    She further said their fight for justice has been “long and difficult” as Khalid has been booked under the stringent Unlawful Activities (Prevention) Act (UAPA).

    “Every parent wants to give their children the best possible life but I don’t think it is possible for us anymore. Every time I step out of the house, my kids ask if I’m going to see their father and if he will return.”

    “Khalid is not even allowed to hug his children with both his arms as one of the hands is always held by the policemen when we meet him,” she claimed.

    Khalid has been booked under various sections of the Arms Act, UAPA, Prevention of Damage to Public Property Act, and the Indian Penal Code (IPC) for the alleged conspiracy behind the Delhi riots in February 2020.

    “Why is it that so many political activists are in jail today? Why is it taking so much time for them to get bail?” asked Colin Gonsalves, senior advocate at Human Rights Law Network (HRLN). He claimed that all the evidences provided by the police against those arrested are mostly documents which are “not admissible” in the courts and used “only to deny bail” to them.

    Banojyotsna Lahiri, activist and friend of former JNU student Umar Khalid who is in jail in connection with the riots case, said, “The situation in the country got so ugly that even while speaking, we have been censoring ourselves.

    “Every thing has to be censored these days including what we write what we speak. UAPA has been misused to silence the dissent and media trial to criminalise the dissent,” she said.

    Speaking about the 2020 Delhi riots, CPI ML general secretary Dipankar Bhattacharya alleged that UAPA has been particularly “used” against those who “raised their voice” in favour of minorities, Dalits and backward classes.

    “We all know who stoked riots in Delhi during anti-CAA protest, we all know who used that “Goli maaro” slogan. UAPA misused against those who raised their voice in favour of the minorities, Dalits and backward classes. This is nothing but an undeclared emergency,” Bhattacharya alleged.

    NEW DELHI: The families of those booked in connection with the 2020 Delhi riots and other cases gathered here on Saturday to demand justice, alleging that charges have been “strategically” framed to “scare” those raising their voice for people.

    Nargis Saifi, wife of Khalid Saifi who is an accused in the 2020 riots case, alleged that several others like her husband have been labelled as “anti-nationals” and arrested.

    “Khalid used to hit the streets to raise the voice of citizens. Several others like Khalid have been labelled as anti-nationals and arrested. I barely accompanied him to the protests but now the situation is such that I am bound to speak up,” Nargis said at a press conference.

    She alleged that the “government has framed these charges very strategically to scare those who raise their voice.”

    The riots, which went on for three days, had erupted in northeast Delhi on February 24 after clashes between citizenship law supporters and protesters spiralled, leaving at least 53 people dead and around 200 injured.

    As northeast Delhi became the epicentre of violence, clashes also broke out at Jaffrabad, Maujpur, Chandbagh, Khureji Khas, Bhajanpura, Dayalpur, Gokalpuri and other areas.

    She further said their fight for justice has been “long and difficult” as Khalid has been booked under the stringent Unlawful Activities (Prevention) Act (UAPA).

    “Every parent wants to give their children the best possible life but I don’t think it is possible for us anymore. Every time I step out of the house, my kids ask if I’m going to see their father and if he will return.”

    “Khalid is not even allowed to hug his children with both his arms as one of the hands is always held by the policemen when we meet him,” she claimed.

    Khalid has been booked under various sections of the Arms Act, UAPA, Prevention of Damage to Public Property Act, and the Indian Penal Code (IPC) for the alleged conspiracy behind the Delhi riots in February 2020.

    “Why is it that so many political activists are in jail today? Why is it taking so much time for them to get bail?” asked Colin Gonsalves, senior advocate at Human Rights Law Network (HRLN). He claimed that all the evidences provided by the police against those arrested are mostly documents which are “not admissible” in the courts and used “only to deny bail” to them.

    Banojyotsna Lahiri, activist and friend of former JNU student Umar Khalid who is in jail in connection with the riots case, said, “The situation in the country got so ugly that even while speaking, we have been censoring ourselves.

    “Every thing has to be censored these days including what we write what we speak. UAPA has been misused to silence the dissent and media trial to criminalise the dissent,” she said.

    Speaking about the 2020 Delhi riots, CPI ML general secretary Dipankar Bhattacharya alleged that UAPA has been particularly “used” against those who “raised their voice” in favour of minorities, Dalits and backward classes.

    “We all know who stoked riots in Delhi during anti-CAA protest, we all know who used that “Goli maaro” slogan. UAPA misused against those who raised their voice in favour of the minorities, Dalits and backward classes. This is nothing but an undeclared emergency,” Bhattacharya alleged.