New Delhi: The Delhi High Court has sought Delhi Police’s response on an accused’s discharge plea in the murder case of head constable Rattan Lal during the February 2020 riots.
Justice Shalinder Kaur issued notice to the police on a petition by accused Mohd Khalid and granted time to the police to file a reply.
“The special public prosecutor for the State accepts notice and seeks time to file a reply and he also reserves his right to address arguments on the maintainability,” the court said on July 14 order and posted the hearing on October 14.
Khalid has challenged a trial court’s November 22, 2024 order on framing charges against him and 24 other accused in the case.
The trial court had ordered framing of several charges, including murder, arson and dacoity, against the accused in the case.
In his plea challenging the order, Khalid has alleged that the trial court erred in framing charges by blatantly disregarding the facts related to him concerning the jurisprudence of framing charges.
“There is no prima facie case against the petitioner, nor is there any cogent evidence against him. The chargesheet does not contain any material on record that raises grave suspicion on the petitioner or establishes a direct nexus between him and the alleged offence,” it claimed.
In the criminal case, 27 persons were accused of being a part of a riotous mob that attacked and “brutally assaulted” a police team at the Chand Bagh protest site when officials tried to stop them from blocking the main Wazirabad road on February 24, 2020.
Lal, who was suffering from mild fever and was advised to rest by his colleagues, joined duty in view of the grave tension in the area under Dayalpur police station limits.
He helped the then DCP Shahdara and ACP Gokalpuri pacify a crowd and control it as the situation started heating up, the prosecution said.
Lal succumbed to 24 injuries he received while shielding officers when a riotous mob started attacking them.
Apart from Lal, the then DCP and ACP also sustained serious injuries, while 50 other policemen were also among the injured.
Ordering framing of charges of criminal conspiracy against 11 organisers and speakers of the anti-CAA/NRC meeting, the trial court had said there was “prima facie” evidence against them.
The organisers were Mohammed Salim Khan, Saleem Malik, Mohammed Jalaluddin alias Guddu Bhai, Shahnawaz, Furkan, Mohammed Ayub, Mohammed Yunus, Athar Khan, Tabassum, Mohammed Ayaz and his brother Mohd Khalid.
The court also ordered framing charges against 14 other accused under various IPC sections for attacking the police team and rioting.
These include the provisions for murder, attempt to murder, attempt to commit culpable homicide, mischief by fire or explosive substance, causing grievous hurt to a public servant, committing rioting when armed with a deadly weapon, dacoity, unlawful assembly and sections of the Prevention of Damage to Public Property Act. PTI SKV SKV AMK AMK
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