Delhi 2020 Riots Case: Court orders FIR against SHO, says cops were engaged in hate crime

The court also asked the victim to approach the special MP/MLA court to file an FIR against Kapil Mishra, citing his status as a former MLA.

Judicial Magistrate First Class (JMFC) Udhbhav Kumar Jain gave the direction for registration of FIR and held that the SHO PS Jyoti Nagar, Tomar and other unknown police officials engaged themselves in hate crimes against the complainant, victim and they cannot be protected under the garb of sanction as alleged offences committed by them cannot be said to have been committed while acting or purporting to act in the discharge of their official duty.

"Thus, FIR be registered under sections 295-A (deliberate and malicious insult of a religion or religious belief), 323, 342, 506 IPC against the SHO PS Jyoti Nagar (Tomar) who was holding the said post in February-March 2020," the court ordered on January 18.

The court directed the Current SHO to depute a responsible officer not below the rank of Inspector to conduct investigation in the present matter and role of other unknown police officials involved in the commission of alleged offences can be ascertained during investigation.

The direction has been passed on a complaint filed by Mohd Waseem for registration of FIR against Police officials and others.

The court noted that the ATR filed by the IO merely denies the allegations but has failed to provide any substantive steps taken for conducting preliminary inquiry which is not even mandatory in each case as per the judgement passed by the Apex Court in Lalita Kumari vs Government of UP.

The ATR is also silent on the aspect of CCTV footage about the date of the alleged incident, which should have been inquired by the IO. Thus, inquiry about alleged acts/offences against the complainant has not been conducted properly, the court added.

The court said that while the ATR in the present matter was called regarding the complete allegations made by the complainant, it seems that the IO was more concerned about the police officials and either he failed to inquire about the alleged accused no.3, or he tried to cover up the allegations against the said accused. The ATR is completely silent to him.

The court has asked the complainant Mohd Waseem to approach the special court for a direction of FIR against Kapil Mishra.

The court said that the alleged accused no.3 (Mishra) is in public eyes and is prone to more scrutiny; such persons in the society direct the course/mood of the public at large and thus, responsible behaviour within the ambit of the Constitution of India is expected from such persons.

"The alleged accused no.3 being a former MLA, only Special Courts can try offences against sitting or former MPs/MLAs. Hence, the complainant must approach the concerned court qua alleged accused no.3," the court said in the order.

The allegations in the complaint are that on 24.02.2020 the complainant left his house around 03:30 PM in search of his mother amidst the riots situation; there was unrest and discord amongst people outside.

The complainant had approached the court through advocate Mehmood Pracha. The complainant alleged that when he reached one Mohalla Clinic to look out for his mother whereupon he identified one Kapil Mishra as the complainant had seen him on news. The alleged accused Kapil Mishra has gathered with an unlawful assembly and allegedly led the unlawful assembly. The unlawful assembly was out of control and it is further alleged that a loud-speaker was handed over to the alleged accused Kapil Sharma by a Delhi Police Official himself.

It is alleged that Kapil Mishra had fired gunshots at the protestors and the accomplices of the alleged accused Kapil Mishra and other rioters, started shooting, throwing stones, petrol bombs etc. at the protesters. Then the police started firing tear gas shells at the protesters with a thick cannon gun which resulted in dense smoke.

The complainant tried to escape from the rioting area but fell. It is alleged that the policeman had caught the complainant and started abusing and beating him. The complainant saw that the personnel of Delhi Police were fully supporting the alleged accused Kapil Mishra and his companions.

It is further alleged that soon after the above mentioned incident SHO PS Jyoti Nagar came and told his fellow policemen to throw the complainant at the same place where his fellow mates were lying.

Then four of the policemen picked up the complainant and threw him at the place where other injured people were lying already. These policemen started beating them and asking them to sing the national anthem and also made them chant slogans of Jai Shri Ram, Vande Mataram, etc. and three policemen were also making video of this incident, it is alleged.

In July last year, another similar matter was transferred by the High Court to the CBI for an investigation into the forced singing of the National anthem and beating of one Faizan who had succumbed to his injuries. (ANI)