Delhi Court Acquits Two Men in 2020 Riots Arson Case
A Delhi court has acquitted two men accused of setting a shop on fire during the 2020 Northeast Delhi riots. The court cited significant lapses in the police investigation as the reason for the acquittal.
Court Criticizes Police Investigation
Additional Sessions Judge Parveen Singh of Karkardooma Court delivered the verdict on December 24. The judge observed that the prosecution failed to establish the identity of the individuals involved in the arson. He noted attempts by the police to "fill up lacunae" in the investigation.
The case stemmed from a complaint filed by Ganesh. He alleged that a mob burned his shop in Khajuri Khas on February 24, 2020. The police charged Prashant Malhotra and Gaurav with rioting, arson, and unlawful assembly.
Key Issues with Witness Testimony
The prosecution relied heavily on the testimony of two police witnesses: Head Constable Rahul and ASI Jamshed Ali. They claimed to be present at the scene. However, the court found inconsistencies in their accounts.
Head Constable Rahul initially testified about a mob engaging in arson and vandalism. He identified the accused in a video related to rioting at Bhajanpura graveyard. But he did not specifically link them to the burning of Ganesh's shop.
Three years later, Rahul was recalled for examination. He then stated that he had physically seen the accused rioting and ransacking shops. The judge said this later testimony created doubt. It suggested the prosecution was trying to "fill up the lacuna in original testimony."
Doubts About Police Presence
ASI Jamshed Ali claimed he accompanied HC Rahul to the incident spot. Yet, the court noted he did not record Rahul's statement about what he saw. He also failed to mention in his case diary that he himself witnessed the incident and could identify rioters.
The court examined the duty roster of Khajuri Khas police station for February 24, 2020. The roster listed ASI Ali and HC Rahul under "law and order arrangement" for a protest at Sriram Colony. This indicated they were not assigned to man their beat near the incident location.
Judge Singh concluded it was improbable that either officer was present at the scene. Therefore, they could not have witnessed the arson as claimed.
Broader Context of Delhi Riots Cases
The Delhi police registered approximately 700 FIRs related to the 2020 riots. So far, courts have decided close to 120 of these cases. About 85% of the decided cases have ended in acquittals.
In 20% of the acquittals, courts have criticized the police for "fabricated evidence." This case adds to the pattern where investigations have faced judicial scrutiny for procedural flaws.
The acquittal highlights ongoing challenges in prosecuting riot-related crimes. It underscores the importance of robust evidence and thorough police work in securing convictions.
