Court orders to frame 'attempt to murder' charge against Ishrat Jahan

New Delhi: A Delhi court ordered to frame charges of attempt to murder, unlawful assembly, etc., against Congress councillor Ishrat Jahan, 'United Against Hate' founder Khalid Saifi and 11 others. The court order was in a case related to the 2020 northeast Delhi riots, PTI reported.

But the court discharged all 13 accused of offences of criminal conspiracy, abetment, and common intention and charges under the Arms Act.

In an order passed on Friday, Special Judge Amitabh Rawat said, "... prima facie, there are grounds for presuming that accused persons have committed offences under Indian Penal Code sections 147 (rioting), 148 (rioting, armed with a deadly weapon) 186 (obstructing public servant), 188 (disobedience to order duly promulgated by public servant), 332 (voluntarily causing hurt to public servant) and 353 (assault or criminal force to deter public servant from discharge of his duty)."

The judge also said that the accused were liable to face trial for offences under sections 307 (attempt to murder) and 149 (unlawful assembly) of the IPC.

"All accused persons are discharged for the offences under IPC sections 34 (common intention), 120-B (criminal conspiracy) and 109 (abetment)," the court said, adding that they were also discharged of offences under the provisions of the Arms Act.

The court put the accused on trial, saying their role was "prima facie" established based on the contents of the charge sheet and statements of witnesses.

"It has come on record that on February 26, 2020, at about 12.15 pm, a riotous armed mob (unlawful assembly) including the accused persons in the prosecution of their common object had assembled and refused to follow the direction of police to disperse and thrown stones and assaulted police officers while obstructing them in performing their official duties and also fired a gunshot at head constable HC Yograj," the court said.

According to the prosecution, the incident occurred at the Masjidwali Gali in the Khureji Khas area of northeast Delhi.

The Jagat Puri police station filed charge sheets against Ishrat Jahan, Khalid Saifi, Vikram Pratap, Samir Ansari, Mohammed Salim, Sabu Ansari, Iqbal Ahmed, Anzaar, Mohammed Ilyas, Mohammed Bilal Saif, Salim Ahmed, Mohammed Yameen and Sharif Khan.