Delhi riots: Court orders framing of charges against ex-Cong councillor Ishrat Jahan, Khalid Saifi
New Delhi, Jan 20: A court here has ordered framing of charges, including those related to attempt to murder and unlawful assembly, against former Congress councillor Ishrat Jahan, 'United Against Hate' founder Khalid Saifi and 11 others in a 2020 northeast Delhi riots case.
The court, however, discharged all 13 of offences of criminal conspiracy, abetment and common intention and charges under the Arms Act.
In an order passed on Friday, Special Judge Amitabh Rawat said, "... prima facie, there are grounds for presuming that accused persons have committed offences under Indian Penal Code sections 147 (rioting), 148 (rioting, armed with a deadly weapon) 186 (obstructing public servant), 188 (disobedience to order duly promulgated by public servant), 332 (voluntarily causing hurt to public servant) and 353 (assault or criminal force to deter public servant from discharge of his duty)."
The judge also said that the accused were liable to face trial for offences under sections 307 (attempt to murder) and 149 (unlawful assembly) of the IPC.
"All accused persons are discharged for the offences under IPC sections 34 (common intention), 120-B (criminal conspiracy) and 109 (abetment)," the court said, adding that they were also discharged of offences under the provisions of the Arms Act.
The court put the accused on trial, saying their role was "prima facie" established based on the contents of the charge sheet and statements of witnesses.
"It has come on record that on February 26, 2020, at about 12.15 pm, a riotous armed mob (unlawful assembly) including the accused persons in the prosecution of their common object had assembled and refused to follow the direction of police to disperse and thrown stones and assaulted police officers while obstructing them in performing their official duties and also fired a gunshot at head constable HC Yograj," the court said.
According to the prosecution, the incident occurred at the Masjidwali Gali in the Khureji Khas area of northeast Delhi.
The court underlined that at the stage of framing the charges, only the "prima facie" case was to be considered and whether the case against the accused was beyond a reasonable doubt would be established after trial.
"Eye witness and victim HC Yograj (beat constable of the area) had specifically named all the 13 accused persons at the first available opportunity when he gave a statement to record the present FIR immediately after the incident," the court said.
It said the police official had "categorically identified" all the accused persons, who had formed an armed unlawful assembly and "on the instigation of Ishrat Jahan and Khalid Saifi", pelted stones at the police, while one juvenile from the mob fired at the head constable.
The court also noted the statements of three public witnesses and other police witnesses.
It noted the statement of a public witness, according to which, "Khalid and Ishrat were instigating the crowd and firing took place from the said crowd. Despite police request, Khalid and Ishrat did not move and were bent on pushing the police and they were abusing the police."
The Jagat Puri police station filed charge sheets against Ishrat Jahan, Khalid Saifi, Vikram Pratap, Samir Ansari, Mohammed Salim, Sabu Ansari, Iqbal Ahmed, Anzaar, Mohammed Ilyas, Mohammed Bilal Saif, Salim Ahmed, Mohammed Yameen and Sharif Khan.
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.
CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
