A Delhi court on Saturday took cognisance of the chargesheet filed in the alleged murder case of Head Constable Ratan Lal during the north-east Delhi violence and declared two persons as proclaimed offenders.
The court, however, did not take Section 153-A (promoting enmity between different groups based on religion, language, caste etc.) as the required sanction has not been filed by the police yet.
The court declared Suleman Siddiqui and Ravish proclaimed offenders in the case for allegedly intentionally avoiding to appear in the court despite due service of process under Section 82 (proclamation for person absconding) of the Code of Criminal Procedure.
“Due to non-appearance despite several calls and due service under Section 82 CrPC, accused Suleman Siddiqui and Ravish are declared proclaimed offenders,” the court said in its order.
Chief Metropolitan Magistrate Purushottam Pathak took cognisance of the chargesheet filed against 17 accused – Mohd. Saleem Khan, Salim Malik, Mohd. Jalaluddin, Arif, Mohd. Ayub, Mohd. Yunus, Mohd. Danish, Shahnawaz, Ibrahim, Furqan, Badrul Hasan, Mohd. Sadiq, Shadab Ahmed, Imran Ansari, Adil, Nasir and Suvaleen – in the case.
The court said all the accused should be produced through videoconferencing on September 10.
Mob-turned rioters
The court said the mob turned into rioters and in the process of rioting, they obstructed policemen who were performing their duties, led to Lal’s death and serious injuries to several policemen and civilians and also burnt and destroyed several properties.
From the statements of witnesses and the chargesheet, prima facie, it was revealed that the riots dated February 24 wherein several policemen were murdered, several policemen and civilians were injured and several properties were burnt and destroyed, was an outcome of a well-hatched conspiracy by the accused, the court said.
“They planned the manner of committing the offence of rioting, murder and other offences as alleged and they were instrumental in gathering of unlawful assembly at Chand Bagh on February 24 in conspiracy with each other having common intention and unlawful object,” the court also said.
It said there was sufficient material on record to take cognisance of the offences alleged to have been committed by the accused.
“However, I am not inclined to take cognisance of the offence under Section 153-A IPC as for taking cognisance for the offence, previous sanctions are mandatory to be filed by the agency but the same has not been filed till today,” the judge said.
“The investigating officer has informed that in the present case, a letter dated February 13 has been sent to the competent authority, but it was not clear as to how much time it will take for obtaining sanction and any delay in proceeding further in the matter will unnecessarily defeat the purpose for which the special courts for trial of riot cases have been created, I deem it fit to take cognisance of all the offences as discussed,” the judge said.