Shouting ‘Jai Shri Ram’ doesn’t prove mob was rioting: Court on Delhi riots

“The only fact which can be proved through the testimony of PW3 Mohd. Mohsin is that accused Jony was standing with a mob and shouting slogans of Jai Shri Ram. This fact can neither prove nor lead to a presumption that the same mob had indulged in rioting in gali no. 4,” said Additional Sessions Judge Parveen Singh of Karkardooma Court in his order. “…none of the prosecution witnesses have, during their testimonies before the court, identified any of the accused being the part of a mob which was indulging in riots,” ASJ Singh added.

The case of the Delhi Police was that the duo was a part of a riotous mob that looted and vandalised a shop in Khajuri Khas. Seven complaints were merged into a single FIR. “…it stands proved… that on 24.02.2020, prohibitory order u/s 144 Cr.P.C (Ex.A-18) was passed by the DCP, North East… and that accused Jony Kumar on 25.02.2020 was a part of the mob and was seen by PW3 when he was raising slogans of Jai Shri Ram. Thus, accused has had violated the prohibitory order,” the court said.

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