Death Of Man In 'Jana Gana Mana' Video : Delhi High Court Asks Delhi Police To File Affidavit On Working Of CCTV Cameras

In a plea seeking court-monitored SIT probe into the death of 23-year old Faizan - who was seen in a viral video of last year in which police officers were forcing five injured men lying on the ground to sing the national anthem during the Delhi riots- the Delhi High Court has asked the Delhi police to file an affidavit regarding the preservation of documents and working of the CCTV cameras at the police station.The High Court was considering a writ petition filed by Kismatun, the mother of Faizan who died on February 26 last year after he was released from the police custody the previous day. The plea states that in the intervening night before his death, he had described to his mother, the torture that had been inflicted on him.On Monday(February 1), a single bench of Justice Yogesh Khanna directed the Delhi police to file an affidavit regarding the functioning of CCTV cameras of Police Station Jyoti Nagar, particularly on 24th, February, 2020 and 25th, February, 2020. If the CCTV cameras were not functioning, documents supporting that fact need to be produced, the court added.The Court has also directed the police to file an affidavit regarding the preservation of documents of evidence related to the case.The petitioner's advocates, Vrinda Grover and Soutik Banerjee, had earlier told the Court that the police was claiming that the CCTV cameras of the police station were not working on the relevant date.The police has reportedly filed a status report in the court saying that they are still trying to ascertain the identity of officers seen in the video and that only one policeman has been "pinpointed on probable basis".In February 2020, when North East Delhi was affected with communal riots, a video showing five Muslim men being kicked, beaten and prodded with lathis by police-men went viral. The five men were encircled and forced by the police officers to sing the national anthem while they were lying on the ground, helpless and in a grievously wounded condition. One of the five men, the 23-year-old Faizan, was taken in custody on 24th February and released in a precarious health condition on 25th February. He succumbed to his injuries on 26th February at LNJP Hospital. The plea states that in the intervening night before his death, he had described to his mother, the torture that had been inflicted on him.It is contended in the plea that the injured Faizan had been kept in illegal detention at the Jyoti Nagar Police Station, and denied access to medical care. Further, it was only when his condition took a turn for the worse and it appeared that he may not survive, was he released. "The mere release from the police station prior to his death would not absolve the policemen of having committed murder in custody, and the Petitioner is seeking justice for the same", states the plea. Despite a murder case being registered and the investigation being transferred to the Crime Branch, the petition claims that with the passage of nine months, "it is now clear the investigation conducted by the Crime Branch is a sham, designed at shielding the guilty men in uniform, rather than investigating the crime". "The investigation conducted by the Respondent No. 2 does not inspire confidence, and there is a grave and real apprehension that the tardy, shoddy and sham investigation will shield the real perpetrators of the heinous crime, as they are policemen". In light of the above, filed on behalf of Faizan's mother, Kismatun, the plea seeks for the constitution of a court-monitored Special Investigation Team to conduct a fair and impartial investigation into the custodial death of Faizan. It also seeks for periodic filing of Status Reports before the Court, and for a detailed affidavit supported by relevant material regarding the functioning of CCTV cameras at the concerned police station.The Court had issued notice on the petition on December 24. The case will be next heard on March 15.Click here to read/download the order

Death Of Man In 'Jana Gana Mana' Video : Delhi High Court Asks Delhi Police To File Affidavit On Working Of CCTV Cameras

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