Because the Delhi police ties up the investigation within the Jahangirpuri communal violence case, statements made by the accused increase questions.
Scroll.in examined 35 disclosure statements – the account of occasions given by the accused to the investigating officer and recorded by the police. The statements made by the 5 Hindu accused arrested within the case are an identical. The remaining 30 statements had been made by the Muslim accused within the case. About 16 of those statements are virtually an identical. A number of paragraphs are replicated throughout all 30 statements by the Muslim accused.
All of the accused are charged with rioting and try and homicide in Delhi’s Jahangirpuri space on April 16. Communal tensions had erupted in clashes as a Hanuman Jayanti rally crossed the native Jama Masjid that night.
The 5 Hindu males accused within the case had been a part of the procession. They’re all members of the Bajrang Dal. All 5 statements counsel native Muslims, provoked by slogans, initiated the violence because the rally crossed the mosque:
“There have been fairly a couple of of us boys with swords and many others and when our procession reached the Jama Masjid round 6 pm, we began chanting Jai Sri Ram slogans loudly, so the opposite facet began getting agitated.”
The statements go on to say:
“Some individuals started to throw bottles and stones from the highest of the Jama Masjid and we additionally began listening to the sound of bullets being fired. That’s after we additionally took the swords that we had with us and started to wave them about within the air.”
The statements by all 30 Muslim accused appear to echo this model of occasions. All 30 statements include these an identical traces:
“Some native individuals had made a plan to smash the procession and stated I also needs to be a part of. On Ram Navami, too, Hindutva teams had held poojas and raised Jai Sri Ram slogans.”
When requested why so many statements had been an identical or had an identical parts, Delhi Commissioner of Police (Crime Department) Vichatra Veer stated, “If individuals in the identical space are concerned then many info and observations could also be related.”
He added that these statements, taken beneath Part 161 of the Code of Prison Process – which offers with oral statements made to the investigating officer – have restricted relevance on the trial stage. Solely these parts of the assertion that assist get better proof are admissible in court docket.
Legal professionals for the Muslim accused declare that the an identical disclosure statements present a scarcity of investigation. Because the case heads in the direction of the trial stage, they allege that various accounts of the occasions of April 16 have been not noted of the police investigation and the chargesheet.
The chargesheet
In line with the two,000 web page chargesheet submitted by the Delhi Police in July, the clashes on April 16 had been a part of a “conspiracy” to foment hassle within the capital. The alleged conspirators are two Muslim residents of Jahangirpuri. As proof, the police cite their involvement within the protests towards the Citizenship (Modification) Act that began in Delhi in December 2019.
The police chargesheet additionally compiles statements from 51 witnesses, 49 of whom are Hindu. The Hindu witness accounts and the police’s personal reconstruction of the occasions of April 16 echo the disclosure statements – the Hanuman Jayanti procession was attacked by native Muslims because it crossed the Jama Masjid. These accounts declare that the Muslims initiated the violence as they pelted stones on the procession.
It is a contested model of occasions. Within the aftermath of the violence, beer bottles and flags printed with “Jai Shri Ram” had been discovered within the mosque. Throughout Jahangirpuri, Muslim residents allege individuals within the Hanuman Jayanti procession had entered the mosque and hoisted flags, frightening tensions.
“They stored frightening us by referring to Muslims as ‘Mulleh’, dancing to Jai Sri Ram songs,” stated an eyewitness who was in a store down the highway from the mosque. “Two-three boys tried to enter the mosque and hoist a flag on a pole. That was after we stopped them and made them go away.”
In line with advocate Abdul Gaffar, the statements of the Muslim accused had been recorded selectively by the police in order that they might “buttress the declare of the Hindu accused”. “In the event you see these statements, none of them carry particulars from the angle of the native Muslim,” stated Ghaffar, who’s representing a number of the Muslim accused. “As a substitute, these statements are getting used as a matter of comfort to suit into the bigger conspiracy principle.”
Mehmood Pracha, one other lawyer showing for the Muslim accused, stated the police had failed to analyze all accounts of the incident. “Individuals will inform you how the violence performed out however there must be an intent to analyze the counterclaim. Right here it’s being utterly ignored,” he stated.
When requested about considerations that the accounts of Muslim residents of Jahangipuri had been not noted, Veer stated, “There are points of the investigation but to be uncovered and a supplementary cost sheet can be filed.”
Echoing statements
The an identical statements by the Hindu accused declare native Muslims tried to get into the center of the rally however had been dispersed by the police. They returned to argue with and push across the individuals within the procession, the statements allege.
The statements go on to say:
“Then in a short while individuals started to throw bottles and stones from the highest of the mosque. So we additionally used the swords we had and started to brandish them within the sky and picked up stones that had been mendacity round and threw them on the different facet.”
The statements by the Muslim accused verify this model of occasions:
“All of us signalled to one another and entered the rally and began arguing with them. The police intervened and despatched us again. Then a few of us reached the tip of the rally from the Khushal Chowk facet and began arguing once more. Then a few of our individuals began throwing stones, bottles and many others from the highest of the mosque.”
The statements of the Muslim accused identify different individuals allegedly concerned within the conspiracy to create hassle. Statements by the Hindu accused don’t identify anybody else.
The witnesses
The 2 Muslim witnesses who’re quoted within the police chargesheet had referred to as a police management van because the clashes erupted on April 16. In line with the police chargesheet, one of many witnesses, Shaukat Ali, “confirmed the presence of Ansar, Salim @ Chikna, Sonu @ Imam, Sanwar, Ishrafil, Gulam Rasool, Aksar on the spot on the time of riot.” All seven males are accused within the case.
Nonetheless, when Scroll.in reached out to Shaukat Ali, he denied making such a press release.
“That could be a lie, I did no such factor,” he stated. “They didn’t present me any movies or photographs. All they did was take the names of those individuals and ask me if I knew them. I instructed them I did. I didn’t say they had been on the spot. I used to be standing fairly distant anyway.”
The second Muslim witness, who didn’t wish to be named, stated he was not conscious he was a witness within the circumstances.
‘The place is the conspiracy?’
Days after the clashes, the native municipal company began a demolition drive in Jahangirpuri. Many of the buildings focused by the bulldozers had been Muslim outlets and houses. The doorway gate of the Jama Masjid was additionally demolished, apparently as a result of it was an encroachment.
This was a sample throughout states in April, which noticed a number of communal conflagrations over non secular rallies. In areas beneath Bharatiya Janata Social gathering administrations, bulldozers had been dispatched to the positioning of the clashes. Muslim properties and institutions, instantly discovered to be in violation of constructing norms, had been demolished.
After the Jahangirpuri clashes, two first info stories had been filed. The primary one, filed on April 16, accused one Mohammad Ansar, a resident of Jahangirpuri, and “4 or 5 companions” of rioting and try and homicide. The police chargesheet expands on that FIR to place ahead its principle of a conspiracy that has its roots within the anti-CAA protests.
The second FIR, filed on April 17, books the organisers of the third Hanuman Jayanti procession for holding the rally with out police permission. Two Hanuman Jayanti processions had handed peacefully by way of Jahangirpuri on April 16; solely the third rally, held early night, had given rise to clashes. There aren’t any chargesheets and arrests on this case. A senior police official refused to share a replica of the FIR, calling it too “delicate”.
Pracha identified that the police investigation ignored the truth that the third rally had proceeded with out permission. “The actual fact is that two rallies revered the native boundaries and didn’t cross the highway in entrance of the mosque,” he stated. “The third procession went to antagonise [local Muslims], however nobody is concerned about that.”
In line with Gaffar, no proof within the chargesheet substantiated claims of a conspiracy by Muslims in Jahangirpuri. The clashes couldn’t have been deliberate, he argued, as a result of the third procession had not been anticipated.
“If there was no permission for the rally to start with, the place does the query of conspiring even come up?” he demanded.
