First conviction in Delhi Riots case: Man convicted for setting house of Muslim family on fire
New Delhi: A Delhi Court on Tuesday convicted one person of rioting and other charges in the 2020 Delhi Riots cases. This is the first conviction in the 2020 Delhi Riots cases.
The court observed that merely the fact he was not seen resorting to vandalism and looting did not mean he was a bystander. Additional Sessions Judge Virender Bhat also underlined that there was nothing on record to show that the accused person was not associated with unlawful assembly or to show that he did not share a common object.
Dinesh Yadav was convicted for offences under Sections 143 (unlawful assembly), 147 (rioting), 148 (rioting armed with a deadly weapon), 457 (house trespass), 392 (robbery), 436 (mischief by fire or explosive substance with intent to destroy a house, etc.) read with Section 149 (every member of unlawful assembly guilty of the offence committed in prosecution of common object) of the Indian Penal Code.
The prosecution alleged that a mob of around 200 rioters gathered in front of the house of the complainant. The mob then broke into the house and robbed the house before setting some of the material in the house of fire. The complainant and her children had to jump to the terrace of the adjacent house in order to save their lives.
Yadav denied all the charges, saying he was being framed. He also chose not to lead any evidence in his defence. His counsel contended that no active role had been attributed to his client by the witnesses, indicating that he was only a bystander and did not share an object of the alleged unlawful assembly.
"The fact that the accused also belongs to the Hindu community and was present in the mob armed with a wooden rod which mob resorted to violence against the Muslims, indicates that he shared the common object of the unlawful assembly.
“The mere fact that he was not seen entering complainant's house or vandalising or looting or putting it on fire, does not mean that he was a mere bystander. There is nothing on record to show that the accused had disassociated himself from the unlawful assembly and he did not share the common object of the assembly.” The Court said.
Yadav was stated to have been seen among the rioters - a fact sufficient to indicate “beyond any doubt that he too shared the common object of the assembly” having knowledge of the mob’s intention.
Arguments on the quantum of the sentence will be heard on December 12.
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Ensure paid holiday for postal staff on polling day in Kerala: John Brittas writes to Scindia
New Delhi (PTI): CPI(M) Rajya Sabha MP John Brittas on Sunday wrote to Union Minister of Communications Jyotiraditya Scindia, seeking his urgent intervention to ensure that postal employees in Kerala are granted a statutory paid holiday on April 9 for the Assembly elections in the southern state.
In his letter, Brittas expressed serious concern over the Kerala Postal Circle’s instructions to treat all postal employees as “absentee voters in essential services (AVES)”, directing them to opt for a postal ballot within an “extremely limited” timeframe.
The Department of Posts operates under the Ministry of Communications. Along with the Department of Telecommunications, it is one of the two main sections within the ministry headed by Scindia.
In his letter, Brittas pointed out that the circular dated March 19 required the collection of Form 12D by March 20 (Eid al-Fitr), and submission of the compiled details at the respective collectorates by March 22 (Sunday), both holidays in Kerala, making meaningful compliance difficult and raising apprehensions about the “arbitrary” nature of the directions.
The CPI(M) leader also pointed out that the Election Commission, in a communication dated March 16, reiterated the requirement under Section 135B of the Representation of the People Act, 1951, that every person employed in any establishment and entitled to vote shall be granted a paid holiday on the polling day, without any deduction or abatement of wages.
He said even where certain services are treated as essential, the long-standing administrative practice has been to maintain only minimal required operations on polling day, without denying employees the opportunity to vote in person.
Brittas argued that in some other states going to polls this month, including Assam, most postal employees have been granted a holiday on polling day, in accordance with the statutory provisions.
During the 2021 Kerala polls, postal establishments had observed a holiday on polling day, subject only to limited essential arrangements, he claimed.
The present deviation, Brittas said, raises concerns about inconsistency in the application of law and the avoidable curtailment of the democratic rights of employees.
Stating that the right to vote lies at the core of India's democratic framework, Brittas urged Scindia to examine the matter urgently.
“Given the proximity of the polling date, I earnestly seek your kind indulgence to have the matter examined on priority, and to issue urgent directions to the postal authorities in Kerala to ensure that the statutory entitlement of postal employees in Kerala to a paid holiday on the day of polling is duly ensured,” Brittas said in the letter.
The 140 seats in the Kerala Assembly will go to polls on April 9, and the results will be out on May 4.
