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A Delhi Court has reprimanded Delhi Police for “sorry state affairs” in that it has not begun investigation in a riots case in which it is alleged that certain accused gave a call to violence over loud speakers, to attack people from the other community. Additional Sessions Judge Vinod Yadav has also asked that the copy of the order be forwarded to the Delhi Commissioner’s Special Investigation Cell which is looking at riots cases.
In this chargesheet before the court, three complaints have been combined: one by Aas Mohammad for his shop being robbed, another by Shaheen for her house being robbed and a third by Nisar Ahmed who claimed that he witnessed persons namely Vikas Kashyap @ DJ wala, Golu bike wala, Gaurav Dabra, Mukesh Masterji, Kanhiya Lal rioting near Gokalpuri toll booth who had put up a loud-public address system, whereby they were exhorting their fellow community members to vandalise, rob and set fire to the houses and shops of persons belonging to the other community. They also claimed that the police were with them. He also recognised the rioters who robbed his godown and set fire to his motorcycles. He stated that several calls made to the police were to no avail.
When Nisar’s complaint did not receive any response and he filed another complaint on March 18, 2020 claiming to have witnessed the incidents of aforesaid two dates in the area in question. But again the Police ignored him while he continued to receive threats from the accused persons he had named. When he was finally compelled to approach the Delhi High Court, the Prosecutor informed the court that the complaint was clubbed with the other two complaints.
Nisar then approached the Witness Protection Committee of North East District, Delhi which directed local police to provide protection to him as he was receiving threats. Nisar has also been shown erroneously as witness in at least 11 cases of riots in Gokalpuri Police Station and in most cases, the location of the riots is far from where Nisar resides.
Nisar then approached the Magistrate Court seeking registration of separate FIR in his case and not to treat his complaint as part of this case and the court thus ordered that separate FIR on his complaint dated March 18, 2020 be registered. This order was challenged by the State before this Court which was also dismissed. The separate FIR was lodged after two months of this order of dismissal under FIR no. 134/2021. However, the earlier Investigating Officer (IO) and the present IO submitted to the court that no progress has taken place in the investigation and persons named in the FIR have not been interrogated.
“This is really a sorry state of affairs. It is being claimed by the police in other cases of riots that the circumstances prevailing during the period of riots and almost four weeks thereafter were really difficult and the police could not investigate the cases properly. Thereafter, Delhi was engulfed in Corona virus pandemic and as such, the quality investigation in the matter could not take place,” the court observed.
The court said that the police cannot take the same excuse for this FIR as well. The court pointed out that the Special Investigation Cell (SIC) constituted by the Delhi Police Commissioner on September 19, to monitor the ongoing investigations in the “riots cases” has not taken this FIR into consideration yet. “It appears that the present case has so far not got the attention of either Worthy Commissioner of Police, Delhi Police or the SIC constituted by him,” the court said.
The court has directed the Prosecutor to take instructions in the matter and communicate to the Court on the next date of hearing about the investigation carried on by the police in the separate FIR. The Court will consider the charges in this chargesheet of combined complaints on October 22.
The order may be read here:
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