Riots case: Delhi HC dismisses plea by Khalid Saifi against attempt to murder charge

The Delhi high court on Tuesday upheld the city court’s order framing attempt to murder charges against United Against Hate (UAH) founder Khalid Saifi, in a case related to the communal riots that erupted in parts of the city in February 2020.
“The petition is dismissed,” a bench of justice Manoj Kumar Ohri said while pronouncing the verdict.
Khalid was appealing against the city court’s January 19 order framing charges of attempt to murder, rioting and unlawful assembly, against him, former Congress councilor Ishrat Jahan and 11 others.
In its order, special judge Amitabh Rawat had observed that prima facie there were grounds for presuming that the accused person committed the offences.
Judge Rawat had also opined that the statement of head constable Yograj, who was shot by the rioters, that all the accused were a part of the unlawful assembly, had refused to disperse coupled with instigation with violence committed against the police was sufficient “at this stage of charge” for attracting the offence of attempt to murder and unlawful assembly.
The court had, however, discharged them of the offences of criminal conspiracy, abetment and common intention and charges under the Arms Act.
Also Read: Khalid Saifi moves Delhi HC against attempt to murder charge in riots case
In his petition before the high court, UAH founder had contended that a charge for attempt to murder could not be framed against him as the court had discharged him for the offences under the Arms Act.
The plea went on to add that the police had neither recovered any weapon from him nor attributed the alleged gunshot to him.
According to the first information report (FIR) registered by the Delhi Police at Jagat Puri police station, Saifi and Ishrat had instigated the “unlawful assembly”, that had assembled in Masjid Wali Gali in Khureji Khas area of northeast Delhi on February 26, 2020.
The FIR stated that the crowd refused to obey police’s order to disperse, threw stones and assaulted police personnel while obstructing them in performing their official duties, adding someone also fired a gunshot at head constable Yograj.