Court frames charges against Ex-MLA, Ex-councillors in 2007 rioting case linked with burning of police post in Jamia Nagar

The court has framed charges under sections related to unlawful assembly, rioting, attempt to murder, dacoity, etc.

The Rouse Avenue court on Friday framed charges against former MLA Asif Mohammad Khan and 12 others in a 19-year-old case. The allegations are that on August 22, 2007, these accused led a mob that burnt the police post in Jamia Nagar and caused injury to police personnel.

The court has framed charges under sections related to unlawful assembly, rioting, attempt to murder, dacoity, etc. Special Judge (MP-MLA cases) Vishal Gogne framed charges against 13 people, including former Congress MLA Khan.

It is alleged that these leaders were leading a mob that burnt the police post in Jamia Nagar, injured police personnel, damaged police vehicles and other public property. The court has directed to frame against 13 accused, including Khan, for the offences of rioting, arson, obstructing the public servant from discharging official duty, causing grievous hurt, attempt to murder, dacoity, etc. and section 4 of the Damage to Public Property Act with the aid of read with section 149 IPC.

The court has framed charges against Abbas alias Mistry, Shoaib Danish, Jamaluddin and Asif Mohd Khan, Liyakat Ali alias Guddu Tyagi, Kamruddin, Sultan Akhtar, Abdul Naseem alias Babu, Saifullah Siddique alias Shafi, Tahir Neta, Masood Ahmed alias Raja Transporter, Amzad Khan alias Guddu Tanki Satlewala and Rafat Satlewala. Additional charges are directed to be framed under additionally.

The court has called all the accused charged to sign the formal charges on June 8. The court has discharged other accused persons. A total of 36 accused were charge sheeted by the Delhi Police.

The allegations in the present chargesheet emanate from the complaint made by Inspector Rajesh Kumar Sharma, then SHO of New Friends colony, Police Station, on September 23, 2007 regarding an incident of rioting, arson, and attack on police officials present at the police post Jamia Nagar, Delhi, on September 22, 2007. The incident occurred from about 7:30 pm onwards. An FIR was registered on a complaint filed by the then SHO under section 147, 148, 149, 307, 186, 353, 332, 436, 395, 120B IPC and section 3 of The Prevention of Damage to PublicProperty Act, 1984.

The Police alleged that the Sub-inspector Sandeep Ghai informed Inspector Rajesh Kumar Sharma that there were around 400-500 persons present outside the police post and that they were claiming that ASI Razrudin, as well as other beat staff, had forcibly removed the market near the Kabristan (Burial Ground) during the month of Ramzan, which was an unwelcome action. The public persons, who were in an agitated and angry state, purportedly expressed that they had come to avenge the removal of the market. They were allegedly raising slogans decrying the Delhi Police and carrying lathis and sticks in their hands, Ghai informed.

It is stated that in the meantime, the additional SHO of New Friends Colony, namely Inspector Akhilesh Yadav, had also reached outside the police post and tried to convince the crowd of persons. The leaders of the crowd allegedly started instigating the crowd in a loud voice by saying that the police officials were to be killed and the police post was to be burnt down. The complainant named the leaders of the mob as Shoaib Danish (Councillor), Jamalluddin (Councillor), Mohd. Asif (Ex- Councillor), Guddu Taygi, Abbas Mistri, Raja Transporter, Sultan, Kammruddin, Babu Neta Baraf Wala, Abdul Nasim alias Babu, Shafi Neta Topi Wala (xii), Tahir Neta Abul Fazal Wala.

It is alleged that these leaders were threatening to ensure that the police officials would not be able to prevent their market from conducting business. The complainant further stated that he informed these leaders that it were infact the residents of the area who had complained to senior officers regarding the said market being an obstruction to the worshipers trying to go for reading Namaz during the month of Ramzan. Also, the police staff had been sent to remove the encroachment only for this reason.

The police said that despite these efforts by the police officials, the leaders of the mob kept inciting the members of the mob to commit arson, dacoity and violence at the police post. It is alleged that on account of these provocative statements, the mob became agitated and started attacking the police staff with sticks and damaging the police vehicle present at the spot. The mob also started setting the police vehicles on fire and pelting stones at the police officials.

The police also stated that the officials were taken aback by the attack and rushed inside the police post. At this stage, the crowd also set fire to the official vehicle (gypsy) of the SHO of the Okhla Industrial Area police station, who had reached the spot for help. Some participants of the riot allegedly started firing at the police officials while the crowddamaged and burnt down the barracks, the IO room and incharge room of the police post. The crowd also beat up the police officials present inside the post with sticks. Consequently, injuries were suffered by complainant Inspector Rajesh Kumar Sharma and other police officials, the police alleged.

The complainant next stated that Councillor Danish, Councillor Jamal and former councillor Asif were loudly instigating the mob to ensure that none of the police officials was left alive and that they were to be killed. As the riot progressed, police officials from other police stations also reached the spot and the police officials trapped inside the police post were rescued by using gas guns and other anti-riot equipment. The police officials, after warning the crowd to disperse, conducted a lathi charge and fired in the air. Tear gas shells had previously been fired, the complainant stated. (ANI)