Yechury, Yadav, Jayati Ghosh not charged in Delhi riots: Police

Delhi Police on Sunday refuted the claims that the Communist Party of India (CPI) leader Sitaram Yechury, Yogendra Yadav, professor Apoorvanand and economist Jayati Ghosh were arraigned as accused in the supplementary chargesheet filed by it in the case related to the northeast Delhi violence.

In a statement by the Delhi Police, they said that a report put out by an online news agency that “the names are part of the disclosure statement of one of the accused in connection with organizing and addressing the Anti-Citizen Amendment Act (CAA) protests” was incorrect.

The police also took to twitter to post its rebuttal. “It is clarified that Shri Sitaram Yechury, Shri Yogendra Yadav and Smt Jayati Ghosh have not been arraigned as accused in the supplementary chargesheet filed by Delhi Police,” it tweeted.

According to Anil Mittal, the Public Relation Officer (APRO), Delhi Police, a tweet by news agency regarding Delhi Police naming academicians and politicians in the supplementary charge sheet of the case related to Jaffrabad riots, the names are part of the disclosure  statement of one of the accused in connection with organizing and  addressing the Anti-CAA protests.

“It is worth mentioning that the disclosure statement has been truthfully recorded as narrated by the accused person. A person is not arraigned as an accused only on the basis of a disclosure statement. However, it is only on the existence of sufficient corroborative evidence does further legal action is taken. The matter is currently sub judice,” said Mittal.

According to a supplementary chargesheet filed by the police on the riots in North East District between February 23 and 26, 53 lives were claimed and 581 were injured, 97 of them with gunshot wounds.

These names came after the disclosure statement of Gulshifa Fathima and the statement is a part of the supplementary charge sheet filed in FIR 50/20, against Fathima and two founding members of Pinjra Tod, Devangana Kalita and Natasha Narwal.

Kalita and Narwal have alleged that Ghosh, Apoorvanand, and Roy mentored them to militantly protest against CAA to malign and dislodge the Union government in their disclosure statement.

According to experts, the disclosure statements or confessions recorded by the police under Section 161 of Code (CrPC) of Criminal Procedure during investigation are not admissible as evidence in a court of law.

“Naming a person in a chargesheet as an accused is different from his name figuring in an accused's confession,” he said.

So far, till now, Yechuri, Yadav or Ghosh have not been questioned by police. The police had questioned Professor Apoorvanand but not on the basis of a disclosure statement.

Meanwhile in another statement issued on Sunday Delhi Police said that various interest groups are using social media platforms and other online portals to raise questions about the fairness of investigation of the North East Delhi riot cases.

“It is alleged that Anti-CAA protestors, including social activists, academicians and students are being framed in false cases. Some are taking out a few lines out of the chargesheets filed in the courts out of context in order to create a controversy and doubt about the investigation,” said Mittal.

“Their assertion is not true and instead, motivated. It is worth mentioning that it is for the Police to conduct an investigation and submit it’s report to the Court to take cognisance in the matter for trial. Those raising questions may instead take it up in the court of law at the appropriate time as per established judicial process. Delhi Police does not consider it appropriate and necessary to reply to them at this stage as the matter is sub-judice,” said Mittal.

“Delhi Police has registered 751 FIRs in connection with Communal riots that took place in the last week of February,2020. As far as the investigation is concerned, Delhi Police has meticulously carried out investigation in the most professional manner. After collecting and collating all evidence, the investigation has been finalized in most of the important cases and the charge sheets have been submitted in the court for trial,” said Mittal.

“These riots caused widespread violence and loss of 53 lives and injuries to over 581 persons. It also caused large scale damage to both private and public properties. In their attempt to prevent violence, 108 police personnel received injuries and 2 succumbed to the injuries,” said Mittal.