2020 Delhi Riots: Court Declares Charge Sheet “Filed in Mechanical Manner” and Clears Accused

A court in this city noted that the municipal police had “in a mechanical manner” issued the charge sheet without “actually investigating the incidents” when it cleared a man of rioting during the 2020 northeast Delhi violence on Thursday.

Further Sessions Javed was accused of being a member of the rioting crowd that set a number of buildings on fire in northeast Delhi during the riots on February 25, 2020. Judge Pulastya Pramachala was deliberating the case against him.

The court declared Javed innocent and sent the case back to the Dayalpur Station House Officer (SHO) for “further steps in accordance with law” in regards to the riotous occurrences that two people—a youngster and a prosecution witness—had claimed to have seen against him.

The presence of the accused in the mob was not shown beyond a reasonable doubt, according to ASJ Pramachala, even though the prosecution had demonstrated that an unauthorized assembly had participated in instances of rioting and damage.

“It is also proven on the record that the chargesheet in this instance was submitted mechanically and without conducting a thorough investigation into the various incidences. The IPC section 436 (mischief by fire or any explosive material) was also used without determining the true circumstances, and there was no proof of an offense (of arson), he stated.

Javed, the accused, is declared free of all accusations. The matter is sent back to the SHO for additional action with regard to occurrences recorded in conformity with the law (by a juvenile and a prosecution witness),” the ASJ said.

Based on information about a riotous event in Munga Nagar, the Dayalpur police station has filed a complaint against Javed. Later, the primary FIR was combined with four complaints.