New Delhi: The Delhi high court has ordered the Central Bureau of Investigation (CBI) to probe into the death of a 23-year-old Muslim man who was allegedly assaulted by the police and forced to sing the national anthem during the 2020 northeast Delhi riots.
The incident dates back to February 2020 when a video clip had gone viral showing the Muslim man (Faizan) and others, apparently injured, being beaten up by police with lathis and forced to sing the national anthem and ‘Vande Mataram’.
Justice Anup Jairam Bhambhani, who ruled on the petition of Faizan’s mother, transferred the investigation to the CBI on Tuesday, July 23.
“More than four and a half years have elapsed since. However, not even one of the policemen involved in the abuse and assault has been conclusively identified in the course of the investigation so far,” Justice Bhambhani said.
“It is extremely important to note that this case presents allegations of gross violation of human rights, in as much as the unlawful actions of the policemen, who are yet to be identified, were motivated and driven by religious bigotry and, therefore, would amount to a ‘hate crime’,” he added.
“The investigation in the present case has evidently been tardy, sketchy, and conveniently sparing of the persons who are suspected to be involved in brutally assaulting the petitioner’s son. What is worse is that the suspects were entrusted to act as custodians of the law, and were in a position of power and authority, but seemed to have been driven by bigoted mindsets,” the court said.
Faizan’s mother, Kismatun, moved the court alleging that her son was brutally assaulted by policemen at Kardampuri and was then taken into illegal detention at the Jyoti Nagar Police Station, where he was denied any medical attention, ultimately leading to his death.
Kismatun moved the court seeking the constitution of a special investigation team (SIT) and a court-monitored probe into the incident and the role of the police officials.
Lawyer Vrinda Grover, who appeared for Kismatun, alleged that the probe by the Delhi Police had failed to investigate the role of the Station House Officer (SHO) at Jyoti Nagar, where Faizan was assaulted.
Grover also went on to allege that both SHO and other officers at the Kiri Nagar Police station had fudged and forged the records, but were still being kept out of investigation by the Delhi Police.
Demanding a court-monitored probe, on behalf of Kismatun, Grover lamented that the Delhi Police probe could go on forever without providing justice to the victim’s family.
In its defence, the Delhi Police told the court that it is investigating the matter, but it is taking time as certain videos and evidence have to be forensically examined. Identifying policemen from the viral video is proving to be difficult as their faces are not clearly visible, the Delhi Police added.
The high court said “several policemen present at the spot are clearly seen surrounding, dragging, kicking and striking blows on Faizan and the other young men with batons/lathis, abusing them, and ordering them to sing the national anthem while they are lying seriously injured and helpless on the roadside,” adding that “the perpetrators of the offence are themselves members of the agency that is investigating them. This situation does not inspire confidence.”
More questions than answers
The court questioned why no investigation had been conducted into ascertaining the events that transpired after Faizan was taken to the Jyoti Nagar police station from Guru Teg Bahadur Hospital (GTB) Hospital.
Questioning why the police would keep Faizan at the police station “for his own safety at a time when the police were overwhelmed with responsibility because of the ongoing riots” the court said it is a “very convenient stand” that all CCTV cameras installed at the police station were also malfunctioning at that crucial time.
The court raised doubts over what happened to Faizan at the police station, where he was kept overnight and late until the next day, has “remained unacknowledged and unaddressed. That issue appears to have been brushed under the carpet by the police”.
