Delhi riots: Court orders probe into police beating Muslim men
What's the story
A Delhi court has ordered an investigation into allegations of assault by police officers against Muslim men in the 2020 Delhi riots.
The directive was issued by Karkardooma Court's Magistrate Udbhav Kumar Jain, who called for a First Investigation Report (FIR) to be registered against the then Station House Officer (SHO) of Jyoti Nagar, identified as Mr. Tomar.
The charges include wrongful confinement, criminal intimidation, causing hurt, and religious insult under the Indian Penal Code (IPC).
Allegations detailed
Complainant alleges police brutality during 2020 Delhi riots
The case stemmed from a complaint lodged by Mohd Waseem, who alleged that he was beaten by police and made to sing Vande Mataram and to chant Jai Shri Ram during the riots on February 24, 2020.
Waseem alleged that he was out looking for his mother when he saw Bharatiya Janata Party (BJP) leader Kapil Mishra leading an unlawful assembly and firing at protestors.
He also alleged that police aided Mishra and beat protestors with tear gas.
Incident
No action taken despite filing complaint
Later, on the SHO's orders, some police officials tossed the complainant and a few other injured persons and began beating them while also forcing them to chant slogans.
Waseem filed a complaint about the alleged incident via email to top police authorities and the National Human Rights Commission of India (NHRC), but no action was taken.
This prompted him to file an application with the court under Section 156(3) of the Criminal Procedure Code.
Investigation shortcomings
Court criticizes investigation officer, mandates further probe
During the hearing, the court slammed the investigating officer for not probing Mishra's alleged involvement properly.
It said that "IO was more concerned about the police officials and either he failed to make inquiry against the alleged accused No 3 (Mishra) or he tried to cover up the allegations against the...accused and the action taken report was completely silent qua him."
The court then directed the current SHO to designate an officer not below inspector rank to investigate further.
Investigation directive
Court instructs current SHO to appoint inspector for investigation
"Clearly, the SHO...and other officials engaged themselves in hate crimes against the complainant/victim...they cannot be protected under the garb of sanction as alleged offenses...cannot be said to have been committed while acting or purporting to act in the discharge of their official duty," the court stated.
It also noted deficiencies in the action taken report, which did not contain details of preliminary inquiries and CCTV footage examination.
Regarding Mishra, the court directed the complainant to approach an MP/MLA court.