A Delhi Court has questioned Delhi Police about the improper maintenance of investigation file in the case of alleged burning of Madina Masjid during the North East Delhi violence of February 2020.
“I have gone through the said file as well as the case diaries. I have today signed all the case diaries. The case diaries have not been maintained in terms of section 172 Cr.PC. The bound volume, as mandated by Cr.PC has not been maintained,” the Additional Sessions Judge (Karkardooma court) Vinod Yadav observed.
The court further noted that statements of witnesses, “probably been recorded after 17.03.2021, i.e. the last date of hearing” were recorded in digital form and did not bear digital signatures of the IO but only physical signatures. The court stated that, as a result, it was not possible to ascertain as to whether the same were recorded on the date mentioned against the signatures of IO.
The court said it would refrain from commenting on the investigation at this stage but asked SHO, PS Karawal Nagar and IO of the case to be present for the next hearing, on April 7 and also directed that original record of FIR nos.55/20 and 72/20, PS Karawal Nagar as well as the original daily diary entries be produced in court.
Background
The court had, in February, directed Delhi police to file FIR in the alleged incident of burning and desecreation of Madina mosque in Shiv Vihar during the Delhi riots of February 2020 after an application was filed by Advocate MR Shamshad under section 156(3) of CrPC.
According to the complaint, around 20 to 25 people had gathered on February 25, 2020 at about 6 PM in the Madina Masjid Gali armed with sticks, acid, rods and petrol bottles. Thereafter, the accused persons started breaking the mosque and destroyed the premises by setting it on fire, by causing an explosion of two LPG cylinders. It was further stated that on February 26, 2020, one fo the accused had climbed on top of the Masjid and chanted Jai Shree Ram and hoisted a saffron flag over the mosque, reported LiveLaw.
At the previous hearing, the court had also pulled up Delhi Police for clubbing a complaint about alleged burning of a man’s house during the riots with another complaint which was against the complainant; thus arresting him in the same matter making him both a complainant and an accused.
The complete order may be read here:
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