The Delhi High Court today directed the city Police to file a fresh affidavit, giving all details regarding cases pertaining to the North East Delhi riots that rocked the national capital last year.
The Court has also asked the agency to indicate the steps taken by it for investigation of such cases.
The order was passed by a Division Bench of Chie Justice DN Patel and Justice Jyoti Singh after Senior Advocate June Chaudhari, appearing for the petitioner organization Jamiat Ulama-e-hind, informed the Court that the report filed by the agency in October does not disclose requisite details.
The petitioner seeks 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.
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.
As per the affidavit filed by the Delhi Police in October, investigation in all cases was being carried out promptly and in accordance with the law and thus, there was no reason to transfer the cases to the SIT.
In this regard, it referred to High Court's orders rejecting bail to few accused in the riots cases based on the materials collected by the agency. Further, it was pointed out in the October affidavit that chargesheets were filed in 361 out of 758 cases. Further, charges were framed in 67 cases.
"We direct the respondent (Delhi Police) to file a further detailed affidavit giving all details of cases pending before trial courts and steps taken for investigation of such cases," the Bench ordered today.
It also heard Advocate Kirti Singh, appearing for one of the petitioners who seeks an independent enquiry into the riots, claiming that the Delhi Police is rendered incapable to investigate the matter. In this regard, she recalled that the Delhi Police even failed to come to rescue of riots victims and that eventually, the High Court had to intervene (by conducting a late night hearing) for safe passage of injured victims in Al Hind hospital at Mustafabad to other government hospitals for better treatment.
The Bench will now take up the case on January 28, 2022.
Case Title: Jamiat Ulama-I-Hind v. Union of India (and other connected matters)