Image Courtesy:twocircles.net
Additional Chief Metropolitan Magistrate, Mayuri Singh, has directed the Station House Officer of Karawal Nagar police station to register an FIR in the Madina Mosque burning case, after the court took the view that a cognisable offence was made out in the case demanding a thorough investigation.
According to the complaint before the court, about 20-25 people had gathered in the Madina Masjid Gali (street) on February 25, 2020 armed with lathis, sticks, acid, rods and petrol bottles. The accused persons/ rioters then broke into the mosque and started destroying everything. The complaint further reads:
“Some of them took inside the premises of the mosque, two LPG cylinders and put them on fire resulting in explosion and huge fire inside the mosque. On the morning of February 26, 2020 one of the accused climbed on top of the Madina Masjid and started chanting ‘Jai Shree Ram’ and then went on to hoisting the saffron flag over the Masjid which resulted in a tensed environment.”
Observing that it was a severe cognisable offence, the ACMM said, “As per the allegations contained in the complaint regarding the incident of fire etc. in the Madina mosque, Shiv Vihar, cognizable offence is clearly made out and a proper investigation is required as it cannot be said that all the evidences are within the reach of the complainant, even though he has named some of the persons allegedly involved in the offence.”
“In these circumstances, it would be appropriate that an FIR is registered in this matter as well, and a complete investigation is carried out”, the court said. However, ACMM Mayuri Singh clarified that this order is not a direction to the SHO to immediately arrest the accused. She said, “The SHO/Investigating Agency should first investigate the matter and find out whether actually any offence has been committed or not. It is now a settled proposition of law that the power of arrest is different from justification to do so.”
The matter will now be heard on February 9, 2021.
The order may be read here:
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