2020 Delhi riots: Court discharges 11 men in murder case, calls them 'sympathisers'

New Delhi: A Delhi court has discharged 11 men accused for the murder of an auto driver during the February 2020 riots observing they had no role in the crime and were in fact "sympathisers for the victim".

Additional sessions judge Pulastya Pramachala made the prima facie observation based on statements of the witnesses and the video of the incident in an order passed on March 18.

"The statements of the witnesses and the video of the incident show that the members of the mob of persons from Muslim community had no role to play in the beating of victim Babbu. Rather they were sympathisers for this victim,” the judge said.

The court, however, ordered framing of the charge of murder and other offences against eight men from a different community, saying they assaulted and left the injured victim on the road following which "rival mob, including those being discharged, came to that boy" and perhaps took him from the spot.

"The act of attack over the rival mob, on the basis of them being from a different community, was certainly an act prejudicial to maintenance of communal harmony and assault on Babbu was part of such act," the judge said.

The order went on, "So, by no stretch of imagination, it could be part of common object of the mob of persons from Muslim community to assault the victim namely Babbu,” the judge said.

Babbu was severely hurt during the stone pelting on February 25, 2020 in Khajuri Chowk area of northeast Delhi and succumbed to injuries later.

The discharge order named Rijwan, Israr, Taiyab, Iqbal, Juber, Maroof, Shamim, Adil, Sahabuddin, Farman and Imran whereas charges were framed against Rahul, Sandeep, Harjeet Singh, Kuldeep, Bharat Bhusan, Dharmender, Sachin Gupta and Sachin Rastogi.

The judge observed the men against whom charges were framed assaulted the victim so badly that it led to his death.

"The persons in this mob were equipped with 'danda' and they were also pelting stones. Their common object is well explicit with their act, i.e., to indulge into rioting and attack over persons from rival mob/community, and Babbu was assaulted in prosecution of such common object of this mob. It would be well within their knowledge that hitting a boy on his head with 'danda' and giving merciless beating, could cause death of that boy," the order said.