’20 Delhi riots: Sole accused walks free in murder case

A Delhi court recently acquitted a man in a murder case related to the 2020 North-East Delhi riots. The case pertained to alleged vandalism and arson of a sweets shop, leading to the death of Dilbar Negi (22).

Additional Sessions Judge Pulastya Pramachala acquitted the accused, Mohd Shahnawaz, citing lack of substantive evidence proving his involvement in the crime.

“In view of my foregoing discussions, observations and findings, I find that charges levelled against Mohd Shahnawaz, alias Shanu, in this case are not proved beyond reasonable doubts. Hence, the accused is given benefit of doubt and he is acquitted of all charges levelled against him in this case,” the judge stated in his order.

The court highlighted that neither Shahnawaz’s name appeared in any witness statements recorded by the police immediately after the incident, nor he was named in the FIR.

“The name of Mohd Shahnawaz was neither mentioned before the police by any of these witnesses immediately after the incident nor it was so mentioned in the FIR,” the court observed.

The prosecution had argued that Shahnawaz was part of the mob that torched the sweet shop, resulting in the death of Negi, who worked as a waiter at Anil Sweet Corner.

However, the court noted that there was no substantive evidence proving that the accused entered the godown where Negi’s body was later found.

“Thus, for want of any substantive evidence to show that Shahnawaz had entered the godown along with other rioters around 9 pm, aforesaid kind of evidence in the form of admission to suggestion being given by the prosecutor cannot be basis to presume guilt of accused Shahnawaz,” the court stated.

The case was registered under Sections 147 (punishment for rioting), 148 (rioting, armed with deadly weapon), 149 (unlawful assembly), 302 (murder), 201 (causing disappearance of evidence), 436 (mischief by fire) and 427 (mischief causing damage) of the IPC at the Gokalpuri police station.

Following the FIR, the investigation was initially carried out by the police before being transferred to the Special Investigation Team (SIT) of the Crime Branch. In total, 12 persons were arrested in connection with the case, and a chargesheet was filed on June 4, 2020.

In October 2023, 11 of the accused were discharged, while charges were framed solely against Shahnawaz.

According to statements from public witnesses, the riot involved stone pelting, anti-Hindu slogans and widespread vandalism, which included setting shops and houses on fire. Witnesses also alleged that rioters entered a building where Negi was hiding, killed him, and set the premises ablaze. However, the court found no conclusive evidence linking Shahnawaz to these acts.