A local court on Monday acquitted nine men, including Shah Alam, the brother of former Aam Aadmi Party councillor Tahir Hussain, in a case related to causing vandalism during the 2020 Northeast Delhi riots.

The case, which pertained to multiple incidents during the riots, including an attack on an Innova Crysta, the burning of a motorcycle belonging to a police officer, looting and destroying street vendors’ carts, vandalism and theft of an e-rickshaw and arson at a shop was lodged at Dayalpur police station under sections of arson and being part of an unlawful assembly amongst others.

“Ex PW19/2 (site plan) shows the incident at the main Wazirabad Road and on the side of Yamuna Vihar. However, according to the witnesses, i.e. the injured and the complainant, the incident had not happened at this place but had happened after Chand Bagh Pulia, which is not even near that place,” said Additional Sessions Judge Parveen Singh of Karkardooma Court in his 28-page judgement dated March 30.

“Therefore, both these witnesses have completely blown apart the case of the prosecution as far as the place of the incident is concerned. In the light of this testimony, the testimonies of (then constable and head constable) PW9 and PW11 with regard to this incident are completely found to be false,” the court added while passing the judgment in the incident related to the attack on the Innova.

“…according to PW9 and PW11, it was at around 1.00 p.m that they saw this Innova car going towards Khajuri Khas from the side of Gokalpuri and on the main Wazirabad Road, just opposite 25 Foota Road, this vehicle was stopped and attacked by the mob…As the incident had not even happened at that place, as has been deposed by PW14 and PW15 (both eye witnesses), testimonies of PW9 and PW11 cannot be relied upon at all and have to be considered false,” the Judge said.

The judge also pulled up the police while giving observations on the incident involving the arson of a shop in Chand Bagh. The judge noted that while the man, whose shop had been burnt, said the incident took place on February 25, 2020, the police witnesses said that the incident took place a day earlier.

“He is the person who has suffered a loss. He is the person whose property was burnt down in the riots. He could not have had any reason to deliberately change the date on which this incident had happened…That being the case, PW2 (alleged eyewitness), PW9 and PW11 could neither have seen this incident on 24.02.2020 nor could they have seen the accused engaged in a riot, vandalism and arson at Royal Motors,” the judge said.

“With regard to other incidents, their testimonies are general in nature, lacks specificity and especially in view of the fact that these witnesses have deposed falsely with regard to the place of incident of Innova Crysta car as well as the date of incident of Royal Motors and having seen this incident, I find that it will be unsafe to rely upon the testimonies of these witnesses to convict the accused,” ASJ Singh added.