Additional Sessions Judge Amitabh Rawat of Delhi court has framed charges against 2020 Delhi riot accused Shahrukh Pathan who had fired bullets at head constable Deepak Dahiya during Anti-Hindu riots in Northeast Delhi.
Other than Pathan, the court framed charges on Kaleem Ahmad, Ishtiyak Malik alias Guddu, Shamim and Abdul Shehzad. The trial of another accused Babu Wasim will be separated since he is absconding and the court declared him Proclaimed Offender.
Terming it not an ordinary case of individuals or groups committing unlawful acts, the court said that “these riots are of such a nature as has not been witnessed since the Sikh Riots of 1984.”
Court praises Deepak Dahiya
The court praised the courage shown by Delhi Police head constable Deepak Dahiya and his devotion to duty, saying that he had bravely faced accused Pathan in a dangerous situation and did not hesitate.
A massive riot was planned and executed in Delhi in February 2020 to target Hindus on the name protesting agaist the Citizenship Amendment Act.
The court observed that even in the face of bullet attacks by the accused Shahrukh Pathan, Delhi Police head constable Deepak Dahiya had resolutely stood his ground and even showed his danda in front of a gun-wielding accused.
The lawyer of Pathan argued that he should be discharged and section 307 (attempt to murder) of IPC doesn’t apply to him. The counsel contended that even after the first firing, Shahrukh Pathan had a second opportunity to kill Deepak Dahiya. But Pathan did not kill the head constable that shows that there was no intention to harm him.
But the court rejected the contention and said that it was a fit case of section 307 of IPC since Pathan had fired at Deepak Dahiya.
The court heavily came down upon his counsel for giving the impression that not killing the constable despite opportunity was an act of magnanimity.
“In any event, this incident occurred in a flash of seconds and to diminish the valour of a brave policeman by arguing it as an act of magnanimity of accused Shahrukh Pathan in not killing the policeman victim, is neither palatable nor legally sound,” the court said.
Pathan and other accused were charged under sections of IPC and others
The court charged Pathan under sections Section 25 and 27 of the Arms Act besides 307 (attempt to murder), 147 (punishment for rioting), 148 (rioting armed with a deadly weapon), 186 (obstructing public servant in discharge of duty), 188 (disobedience to order duly promulgated by public servant), 353 (assault), 149 (member of unlawful assembly guilty of a common offence) of the IPC.
Accused Shamim and Abdul Shehzad were also charged under section 307 of IPC and sections of the Arms Act. The court charged Kaleem Ahmed under section 216 IPC for harbouring offender Pathan.
