New Delhi, September 12: A Delhi court has convicted five men in a case related to the February 2020 Bhajanpura riots, observing that the mob attack was so intense that police personnel were forced to flee a petrol pump by jumping over its boundary wall, reported Times of India.
Additional Sessions Judge Parveen Kumar Singh noted that police personnel who had reached the spot to disperse an unlawful assembly were attacked with stones despite firing tear gas shells and attempting to control the crowd. “The ferocity of the attack was such that the police officers fled from the petrol pump by jumping over its wall,” the court observed, adding that the officers “were met with force, attacked and had to flee” as the mob pursued its common object of rioting and arson.
According to the prosecution, a mob of 100-150 people gathered outside the Bhajanpura Petrol Pump on February 24, 2020, during protests against the CAA and NRC. The mob allegedly crossed a road divider, vandalised property, attacked police personnel, damaged vehicles and shops along the Yamuna Vihar service road, and set several vehicles on fire.
The prosecution attributed specific roles to the accused. Arif was allegedly seen carrying a bottle containing a petrol-like liquid and pouring it on vehicles, while Khalid allegedly used a torch to ignite them. Tanveer was accused of throwing burning cloth on vehicles, Abdul Sattar of pelting stones at police personnel, and Hunain of setting the petrol pump on fire.
The court, however, rejected the charge under Section 148 of the IPC, holding that liability for being armed with a deadly weapon could not be imposed merely because a person was a member of an unlawful assembly. It found no evidence that any of the accused was carrying a deadly weapon.
At the same time, the court held that the five accused were members of an unlawful assembly whose common object was rioting, arson, vandalism and criminal mischief. They were therefore held liable under Section 149 IPC for offences committed in furtherance of that common object. The court also rejected the allegation that the petrol pump itself had been set ablaze, finding “very serious doubts” over the charge under Section 436 IPC.
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