In a case involving the 2020 northeast Delhi riots, a Delhi court cleared 12 persons who were charged with murder and criminal conspiracy. The prosecution’s evidence, according to the local court, was not enough to prove that the accused was a member of the mob that killed Hashim Ali on February 26, 2020.

Extra Sessions Although the prosecution presented circumstantial evidence, Judge Pulastya Pramachala pointed out that this was insufficient to establish the accused’s participation. According to the court, “Unless the identity of members of the culprit mob is established, vicarious liability cannot be fastened upon anyone.”

He went on to say that there is no reason to assume that someone who was recognized as belonging to a mob at one point in time would have also been a member of the mob that committed the murder.

The prosecution’s claim that several of the defendants, who belonged to the “Kattar Hindu Ekta” WhatsApp group, had admitted to the murder in their discussions was dismissed by the court. According to the court, these postings or statements could be deceptive and arrogant, meant to impress other group members.

“Such posts or messages may be put in the group solely with intention of becoming hero in the estimation of other members of the group and it could be a boast also, without truth,” the court said.

Lokesh Kumar Solanki, Prince, Jatin Sharma, Himanshu Thakur, Vivek Panchal, Pankaj Sharma, Ankit Chaudhary, Sumit Chaudhary, Tinku Arora, Sandeep, and Sahil were all cleared by the court.

In a separate case, the Delhi High Court asked the police to respond to a request made by former AAP councillor Tahir Hussain for regular bail in connection with the killing of IB employee Ankit Sharma during the riots in northeast Delhi in 2020. The court has scheduled a hearing for July.