Court acquits father, son in 2020 Delhi riots case

A Delhi court has acquitted a father and son of charges of arson, theft, and rioting in a case pertaining to the 2020 north-east Delhi communal riots.

The duo were convicted in at least two cases related to riots by different courts in the last two years.

Additional Sessions Judge Parveen Singh of Karkardooma Courts on October 31 acquitted Mithhan Singh and his son, Jony Kumar.

The case was filed against the duo on a complaint lodged by Mohd. Sharif, who alleged that the mob vandalised and looted his shop in Khajoori Khas on February 15, 2020. Police, in the chargesheet, had claimed that as father and son were already arrested in a couple of cases related to the Delhi riots, the cops interrogated them, and the two were booked in this case as well.

The prosecution examined 13 witnesses. Many retracted statements to the police, claiming they had not seen the accused at the scene.

One witness told the court he never informed police that the duo were among the mob in their area; another admitted to naming them only under the influence.

Another witness told the court that she wasn’t at her home during the riots and was unaware of the fact that the police had recorded her statement.

“….from the testimonies of these witnesses, it is very clear that none of the witnesses have identified either accused Jony or accused Mithhan as part of the rioting mob which had indulged in arson and vandalism and damaged properties… as far as the actual act of rioting, arson and vandalism goes, none of the witnesses have specifically supported the case of the prosecution,” the court said.

The court noted that a single witness could only prove that the accused, Mr. Kumar, stood with a mob and raised the Jai Shri Ram slogan.

But this fact can neither prove nor lead to a presumption that the same mob had indulged in rioting, the court said while acquitting Mr. Singh of all charges, while charges of disobeying the imposition of section 144 (prohibiting the assembly of four or more people) during riots were framed against his son.