In Delhi anti-Hindu riots case, court school deliberately vandalised as it belonged a Hindu

The court noted that the investigating officer has mentioned in the chargesheet about why the FIR was delayed. That could be examined at a later stage, the judge noted

New Delhi, Jan 28: A court has filed chargers in the Delhi anti-Hindu riots case against three accused namely Shamim Ahmad, Mohammad Kafil and Faizal.

They have been charged of vandalising a school called the Arun Modern Public Senior Secondary School in Brijpuri during the violence on February 25 2020. Widespread arson had been reported on that day while these elements were protesting against the Citizenship Amendment Act.

While framing the charges, the court said that it is apparent from the facts that that the three joined the mob with a specific intention of damaging property belonging to Hindus.

While framing the charges, the judge said, "I find that sufficient material is there to show that all the 3 accused persons and other unknown members of the mob comprising of more than 5 persons formed an unlawful assembly with a common object. In pursuance to their common object, they attacked and forcibly entered into Arun Modern Public Senior Secondary School with common object to cause maximum damage. It is also apparent that this school was chosen, because it belonged to Hindu and the common object of aforesaid mob was to cause damage to the properties of Hindu. The mob was equipped with different weapons. Thus, this mob committed riot. They burnt the computer lab and library of this school apart from above mentioned vehicles and other articles of the school."

What happened on February 25:

On February 25 2020, the Dayalpur police station received a call after a mob of 100 to 150 had entered the Arun Modern Public Secondary school and began damaging property while indulging in arson. When the ASI reached the spot, he found that the school had been completely vandalised and charred while vehicles were also set on fire.

The court said that since the police is busy maintaining law and order, it could not act immediately on the daily entry, where all complaints received are recorded. It was the next day that the principal of the school, Jyoti Rani made a formal coping with the police about the attack.

"In her complaint, she alleged that on 25.02.2020 at about 4 p.m., around 150-200 persons forcibly entered into the school. They vandalized various articles of the school as well as various vehicles parked inside the school campus. They set the vehicles on fire apart from various other articles viz. Generator, almirahs, numerous documents. Computer systems, items of chemistry lab, furniture etc. This mob also burnt the computer lab completely. They also burnt the school library. The school suffered a loss of Rs.1-1.25 crores due to such incident," the court noted.

After the case was registered several more complaint were made. Two Hindus and one Muslim man, Gayyur too complained that their vehicles had been burnt. By the mob.

The argument by the defence:

After hearing the arguments by the defence counsel the court said, "thus on the basis of above-mentioned discussion, I find that accused persons namely Shamim Ahmed and Mohd. Kafil @ Kapil are liable to be tried for offence u/s 147/148/427/435/436 IPC read with Section 149 IPC and Section 188 IPC."

The defence argued that the witnesses who identified the accused were planted by the police. There was a variation in the complaint filed and the FIR registered by the police and that the FIR was registered much later, the defence counsel argued.

The court said that the investigating officer has given reasons for the delay in filing the FIR and the credibility of the same mentioned in the chargesheet shall be appreciated at the final stage.