2020 Delhi Riots: Court Orders FIR Against Men Accused Of Giving Hate Speech, Chanting Provocative Slogans

A Delhi Court has directed the Delhi Police to register an FIR against various men accused of giving hate speech, chanting provocative slogans, indulging in communal violence and arson during the 2020 North-East Delhi riots.Judicial Magistrate First Class Isra Zaidi of Karkardooma Courts observed that the complaint filed by one Rahees Ahmed disclosed commission of cognizable offences and that the police failed to act upon the same appropriately at the relevant time. The Court noted that Ahmed's complaint was clubbed in another FIR registered on the complaint of one Azad Singh but was silent about the allegations made by Ahmed in his complaint. “In the present case, the complainant's allegations disclose commission of grave and cognizable offences. The complainant has made serious allegations of communal violence, looting, arson, hate speech naming specific individuals with detailed roles,” the Court said. “In such circumstances, the complainant cannot be compelled to seek redressal through a general or unrelated FIR that does not capture his distinct allegations. Such grave allegations cannot be permitted to be diluted or ignored merely by clubbing with a general FIR,” it added. The judge disposed of Ahmed's application seeking registration of a separate FIR on his complaint alleging that during the riots, he and his family were subjected to a targeted and violent attack by a mob comprising of persons namely Vinod, Tinku, Aadesh Sharma, Mahesh, Suresh, Monu, Anshu Pandit Rajpal, and others.It was alleged that the mob was armed with weapons, raised provocative communal slogans and used hate speech with an intent to incite violence and instil fear. Ahmed alleged that his house was vandalized and looted, valuable items including jewellery and cash were stolen and that the mob attacked him by pelting stones at him. It was his case that he gave a complaint to the SHO and a general FIR was registered, however, it pertained primarily to a different incident, and his allegations were neither appropriately addressed in that FIR. He further said that his complaint was clubbed with unrelated complaints.Allowing the plea, the Court said:“The allegations reflected in the case FIR No.117/2020, PS Karawal Nagar are based on a different set of events which took place at shop of Aazad Singh. It is silent about chanting of any provocative slogans by the accused persons. The incident in the present complaint pertains to a different time with involvement of different persons and no commonality thereof.”The judge ordered that the concerned SHO shall register a separate FIR based on Ahmed's complaint and shall proceed to conduct fair investigation in accordance with law.However, it is hereby clarified that no direction is being given to him to immediately arrest any accused person, the Court added. Click here to read order

2020 Delhi Riots: Court Orders FIR Against Men Accused Of Giving Hate Speech, Chanting Provocative Slogans

Nupur Thapliyal

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