Delhi riots: Common sense shouldn't be given go-by, says court; discharges man

Discharging a man of an offence in the north-east Delhi riots last year, a court here said that even though communal riots cases have to be considered with the utmost sensitivity, common sense should not be given a go-by.

Additional Sessions Judge Vinod Yadav discharged 22-year-old Javed for the offence of causing "mischief by fire or explosive substance", after noting that the complainant's statements do not show that the particular act was committed.

The judge said, "This court is conscious of the fact that cases of communal riots have to be considered with utmost sensitivity, but that does not mean that the common sense should be given go-by; mind has to be applied even at this stage with regard to the material available on record."

Accused Javed was arrested in April 2020 based on complaints filed by four people who claimed that their house, godown and shops were vandalised and looted by a riotous mob on February 25, 2020.

The judge observed however that there were no eyewitnesses, CCTV footage or photographs of the incident. He also took note of the fact that the complainant did not state a single word regarding mischief by fire or explosive substance by the mob.

"I'm afraid that the investigating agency cannot cover up the said flaw by way of recording the supplementary statements of complainants, if the ingredient(s) of section 436 IPC [mischief by fire] was not there in their initial written complaints made to the police,” ASJ Yadav said.

"I am of the considered view that ingredients of Section 436 IPC are not at all made out from the material produced on record by the investigating agency. Except Section 436 IPC, all the offences invoked in the matter are exclusively triable by the court of learned Magistrate," he added.

Communal clashes had broken out in north-east Delhi in February 2020, after violence between the Citizenship (Amendment) Act supporters and its protesters spiralled out of control leaving at least 53 people dead and over 700 injured.