Court chastises Delhi police for filing 'erroneous' charge sheets, discharges three accused
2020 Delhi riots
New Delhi, Aug 18: A Delhi sessions court, hearing a case of the 2020 northeast Delhi riots, has come down heavily on the city police for filing the charge sheet "in a predetermined, mechanical and erroneous manner," and not investigating the incidents "properly and completely."
The court discharged three accused in the case, and referred the matter back to the police for making an assessment of the investigation done and to take further action.
Additional Sessions Judge Pulastya Pramachala was hearing a case against Akil Ahmad, Rahish Khan and Irshad, who were accused of being a part of a riotous mob that engaged in stone pelting, vandalism and arson on Wazirabad Road in Brijpuri on February 25, 2020.
"All the accused persons are discharged in this case. It is worth mentioning here that this order of discharge is being passed on account of realising that the reported incidents were not properly and completely investigated and that the chargesheets were filed in a predetermined, mechanical and erroneous manner, with subsequent actions to only cover up the initial wrong actions," Pramachala said in an order passed on Wednesday.
"Hence, the matter is referred back to the police department to make an assessment of the investigation done in this case and to take further action in conformity with the law, to take the complaints to a legal and logical end," he added.
Noting that there were several riotous mobs, the court said it was the Investigating Officer's (IO's) duty to find the composition of a mob during each of the rioting incidents.
"Therefore, the presence of accused persons in the riotous mob during each of the incidents probed in this case was required to be established," it said.
The court said there was a "conflict" between the two sets of prosecution evidence which were relied upon to establish the date and time of the incidents being probed in the present case.
"One set of relied-upon evidence of the prosecution contradicts the subsequent set of evidence," it said.
Besides, the evidence before the court was also silent on certain "vital aspects," it said.
"In these circumstances, instead of having a grave suspicion against the accused persons for their involvement in the alleged incidents I am having suspicion for the IO having manipulated the evidence in the case, without actually investigating the reported incidents properly," the judge said.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
HC says Bhojshala complex is Goddess Saraswati temple, scraps ASI order on namaz on premises
Indore (PTI): In a big win for the Hindu side, the Madhya Pradesh High Court on Friday declared that the disputed Bhojshala complex in Dhar district is a temple dedicated to Goddess Saraswati, and the Centre and ASI can decide on its administration and management.
The HC's Indore bench, which was hearing the case, also said the Muslim community, which called the 11th century monument Kamal Maula Mosque, may approach the state government for allotment of separate land in the district for construction of a mosque.
In its much-awaited verdict in the Bhojshala Temple-Kamal Maula Mosque complex dispute, the court observed that there were indications of a Sanskrit teaching centre and a temple of Goddess Saraswati existing in Bhojshala.
The religious character of the disputed complex of Bhojshala-Kamal Maula Mosque indicates it is a temple of Goddess Saraswati, noted the HC.
ALSO READ: Bihar CM walks to secretariat from official residence after PM's appeal to spend wisely
"If the Maulana Kamaluddin Welfare Society applies for land allotment for building a mosque in Dhar district, the state government can consider it," maintained the division bench.
The HC scrapped the 2003 Archaeological Survey of India (ASI) order which allowed Muslims to offer Friday prayers on Bhojshala premises.
Nearly 1,200 police personnel were deployed in and around the complex ahead of the HC ruling.
Dhar Collector Rajeev Ranjan Meena warned of strict action against anyone spreading objectionable content on social media, as the administration erected barricades at the site where Friday prayers coincided with the court verdict.
The long-running dispute pertains to the religious nature of the ASI-protected monument in Dhar district.
The Hindu community considers Bhojshala to be a temple dedicated to Vagdevi (Goddess Saraswati), while the Muslim side calls the monument Kamal Maula Mosque. A petitioner from the Jain community claims the disputed complex is a medieval Jain temple and gurukul.
After the controversy over the Bhojshala complex erupted, the ASI issued an order on April 7, 2003, permitting Hindus to worship at the complex every Tuesday and Muslims to offer namaz there every Friday. The Hindu side challenged the order in the HC, seeking exclusive rights to worship at the complex.
A division bench of Justices Vijay Kumar Shukla and Alok Awasthi of the HC's Indore bench began regular hearings on five petitions and one writ appeal related to the case on April 6 this year.
After hearing all the parties against the backdrop of differing religious beliefs, historical claims, complex legal provisions, and thousands of documents related to the disputed monument, the bench had reserved its decision on May 12.
During the hearing, petitioners from the Hindu, Muslim, and Jain communities presented detailed arguments and sought exclusive worship rights for their communities at the monument.
The ASI, after conducting a scientific survey of the monument, indicated in its over 2,000-page report that a massive structure dating back to the reign of the Parmar kings of Dhar predated the mosque, and that the current disputed structure was built using repurposed temple components.
The Hindu side claimed that coins, sculptures, and inscriptions found by the ASI during its scientific survey prove the complex was originally a temple.
However, the Muslim side argued in court that the ASI's survey report was "biased" and prepared to support the claims of the Hindu petitioners.
Refuting this, the ASI told the court the scientific survey process was carried out with the help of experts, including three from the Muslim community.
The HC had ordered the ASI to conduct a scientific survey of the Bhojshala Temple-Kamal Maula Mosque complex on March 11, 2024. The ASI began the survey on March 22 that year and, after a detailed 98-day survey, submitted its report to the High Court on July 15.
