Delhi court convicts ex-BJP MLA for leading mob against officials in 2014

A Delhi court has convicted former BJP MLA Neel Daman Khatri and his associate on charges of rioting and assaulting public servants after a mob they allegedly led pelted stones on a demolition team in the Narela area of the national capital.

Special judge Vishal Gogne observed that the riotous mob knew the identity and purpose of the government officials.

"Being the former MLA, Khatri was not only identified by all these witnesses as having either led or accompanied the crowd but was also in the nature of a leader per se… His peculiar position as a former MLA denies him the benefit of being viewed as a lay bystander or participant," the court held.

The case was against Khatri and Joginder Dahiya — accused of leading a mob of around 250 people against government officials carrying out a demolition drive on 14 November 2014 — and four others.

In a 56-page verdict dated 24 December, the court said, "Accused Neel Daman Khatri and Joginder Dahiya are convicted under Sections 143 (member of unlawful assembly), 147 (rioting) read with Sections 149 (unlawful assembly), 353 (assault or criminal force to deter public servant from discharge of his duty) read with Section 149 of the IPC."

The court, however, acquitted Raj Kumar, Surender, Praveen and Bhim Sen, saying there was no evidence to prove that they were members of an unlawful assembly or caused injuries to police officials.

It said a revenue team and 17 police officials were present on the spot to discharge their duties and the "leaders of the crowd" and the mob itself couldn't be considered "under any stretch of imagination" to have doubted their identities and purpose.

The common object of the assembly or the mob was to unlawfully restrain the demolition team from carrying out its duties and preventing the police officials from protecting them, the court said.

It said as the crowd pelted stones, which meant the use of force and violence, the charges of rioting were proved.

"The common object of the unlawful assembly was to deter the teams of the tehsildar and the police from carrying out the demolition drive. Consequently, the ingredients of section 353 of the IPC stand established," the court said.

The arguments on sentencing would be heard later.