Delhi riots 2020: Court stays order of FIR against SHO for alleged hate crime

The SHO had approached the Karkadooma sessions court against the order passed by the Magistrate on January 18, 2024.

Additional Sessions Judge (ASJ) Sameer Bajpai stayed the order passed by the Magistrate court noting that before passing the direction a sanction for registration of FIR was not obtained as the revisionist is an SHO.

The sessions court said that after going through the record and hearing submissions of the counsel, the court is of the view that the whole purpose of the present petition will be frustrated, if the operation of the impugned order is not stayed by the court.

"Accordingly, considering the facts on record, the operation of the impugned order dated 18.01.2025 is stayed," ASJ Bajpai said in the order of February 1, 2025.

Advocate Sanjay Gupta, counsel for Salender Tomar, had argued that order of 18.01.2025, whereby, the ld. trial court has ordered for registration of an FIR against the revisionist u/s 295(a)/323/342/506 IPC is totally perverse and illegal.

It is further submitted that the said order is an example of 'double jeopardy' as another FIR was already registered over the same incident at Police Station Bhajanpura, in which another respondent is a witness and as per law there cannot be a second FIR in the same incident.

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

The complainant, Waseem alleged that while attempting to escape from the rioting area he fell down and the police personnel started abusing and beating him. HE alleged that SHO of the Jyoti Nagar police station directed his fellow policemen to throw him where the others were lying on the ground.

The complainant, Waseem, further alleged that four policemen started beating them and asked them to sing the national anthem and chant slogans of Jai Shri Ram and Vande Mataram. A man named Faizan subsequently died.

It was also submitted that on July 23, 2024, the Delhi High Court had directed the CBI to investigate the case properly and also against the police officials and as such the trial court was not competent to order the registration of another FIR when the same allegations are already sub-judice before the High Court in a petition filed by Kismatun, the mother of the deceased Faizan.

On January 18, Judicial Magistrate First Class gave a direction for registration of FIR against the then SHO of the Jyoti Nagar Police Station and other police personnel over hate crime and forcing the complainant to sing the national anthem during the Delhi riots 2020,

Judicial Magistrate First Class Udhbhav Kumar Jain while giving the direction had said that 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 (Mr. Tomar) who was holding the said post in February-March 2020," the court had ordered on January 18.

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