New Delhi, Sep 24 A court here on Thursday sentenced five men to two years’ rigorous imprisonment for rioting and attacking police personnel in a case related to violence at a Bhajanpura petrol pump during the 2020 northeast Delhi riots.
Additional Sessions Judge Parveen Singh was hearing arguments on quantum of sentence against Arif, Mohd Khalid, Abdul Sattar, Tanveer Ali and Hunain, who were convicted of rioting, assaulting or obstructing public servants and using criminal force against police personnel.
In an order, the judge said, “I find that it is not a case where a very lenient view should be taken as the convicts were involved in a frontal attack upon the State machinery which was involved in maintaining law and order and trying to suppress the riots.”
The court awarded two-year rigorous imprisonment to each convict under IPC Section 152, read with Section 149, for assaulting or obstructing public servants suppressing a riot.
They were also sentenced to 1.5 years each for rioting and assault or use of criminal force against public servants, and two months for obstructing a public servant. All the sentences will run concurrently.
The court also imposed fines under the various provisions.
Special Public Prosecutor Madhukar Pandey sought maximum punishment, arguing that the convicts had violently attacked police personnel while they were performing their duty.
The prosecution submitted that the offences were “highly brazen anti-social” acts which struck at the root of the state machinery and that leniency could encourage future riots and anarchy.
The court said the fact that an unlawful mob had indulged in rioting was an aggravating circumstance and sentencing in such cases had to have a deterrent effect.
“The act of assault and obstruction caused thereby to the policemen who were trying to suppress this riot is another aggravating circumstance,” it said.
At the same time, the court took into account the socioeconomic conditions of the convicts, their status as first-time offenders and the fact that they were the sole breadwinners of their families.
“The socioeconomic conditions of the convicts, the fact that they are first time offenders, the fact that all of them are the sole bread earner of their families and the fact that after this case also, they have not been involved in any other criminal activity; are the mitigating circumstances in favour of the convicts,” the judge said.
The court said it was not a case for a “very lenient view” as the convicts were involved in a frontal attack upon the State machinery engaged in maintaining law and order and suppressing the riots. However, it also held that maximum punishment was not warranted in view of the mitigating circumstances.
The court granted the convicts the benefit of the period already undergone in custody under Section 428 CrPC/Section 468 BNSS, and directed that all the sentences run concurrently.
The order, however, does not grant bail or specifically direct the immediate release of the five convicts. Their release would depend on the period already undergone in custody and whether they are required to remain in custody in any other case.
The court had convicted the five on September 9 for their role in the violence at the Bhajanpura petrol pump during the 2020 riots.
(PTI News)
