High Court Seeks Delhi Riots Probe Status From Police; Lists Pleas Seeking SIT Investigation, FIRs Against Politicians On November 21

The Delhi High Court on Tuesday asked the Delhi Police to inform it about the status of investigation in the FIRs registered in relation to the violence during the 2020 North East Delhi riots.

A division bench comprising Justice Vivek Chaudhary and Justice Manoj Jain listed for hearing on November 21 a bunch of pleas seeking independent SIT investigation into the riots and registration of FIRs against politicians for alleged hate speeches and action to be taken against errant police officials.

One of the pleas has been filed by Jamiat Ulama-i-Hind, seeking an impartial investigation into the cases by a Special Investigation Team, headed by a retired Supreme Court or Delhi High Court judge. It is demanded that members of the Delhi Police shall be excluded from this SIT.

As the organisation's counsel took the Court through the details of the violence, including the deaths occurred, the Bench orally remarked:

“FIRs have already been registered. The police is already investigating. Nothing remains in this.”

The counsel submitted that it is their case that the investigation of the Delhi Police is not fair and thus an independent probe must be ordered.

To this, Justice Chaudhary said, “You challenge it before the magistrate. The magistrate will supervise. These are question of facts. We cannot entertain question of facts in writ petitions. You can give that evidence to the magistrate who will look into it and pass orders. High Court cannot do this.”

“In the last six to seven years, despite there being an alternate remedy, you have not availed…The petitions are pending for so long without any reason. The police is investigating. FIRs have been registered,” the judge added.

While listing the matters for hearing on Friday, the Court asked Delhi Police's counsel, Dhruv Pande, to give a status of investigation, including the number of FIRs filed.

The batch of petition includes a plea filed by Shaikh Mujtaba seeking registration of FIR and investigation against BJP leaders Kapil Mishra, Anurag Thakur, Parvesh Verma and Abhay Verma who allegedly made hateful comments to incite the Delhi riots. It also seeks registration of FIRs and investigation against errant police personnel. 

The petition filed by Lawyers Voice makes similar allegations against several other politicians. 

In addition to the SIT, the petition also seeks a separate and 'especially empowered body' to enquire into all aspects of planning, preparation and causing of the riots.

The petition moved by Ajay Gautam has asked for National Investigation Agency to investigate the funding and sponsoring of protests against the Citizenship Amendment Act.

Petitioner had also claimed that these protests are allegedly funded by PFI, which as per him is an anti-national organization, and the same are supported by political parties such as Congress and Aam Aadmi Party.

In addition to these claims, the Petitioner had also asked for FIR to be registered against political leaders such as Waris Pathan, Asaduddin Owaisi and Salman Khurshid, for allegedly making inflammatory and hate speeches.

The petition filed by Brinda Karat seeks independent investigation into the complaints alleging acts, offences and atrocities by members of the police, RAF or state functionaries in relation to the riots. 

In December 2021, the Supreme Court had asked the Delhi High Court to decide expeditiously, preferably within three month one of the petitions seeking FIR and investigation against politicians.

Case Title: Ajay Gautam v. GNCTD and other connected pleas