Delhi High Court Transfers 11 Judicial Officers Including ASJ Vinod Yadav Dealing With Delhi Riots Cases

The Delhi High Court today issued an order transferring/posting a total of 11 Judicial Officers [7 Metropolitan Magistrates and 4 Additional Sessions Judge] including ASJ Vinod Yadav who has been dealing with Delhi Riots matter in the Karkardooma Court.ASJ Yadav, who has been critical of the Delhi Police mode of conducting probes in the riots cases, has been transferred to the Rouse Avenue Courts as Special Judge (PC Act) (CBI) in place of Judge Virender Bhatt, who would, in turn, come to Karkardooma Court in place of ASJ Yadav.Yesterday, ASJ Yadav, had expressed dismay over the action of a police witness lying on oath regarding the identification of three accused persons in a case concerning the North East Delhi riots.In a similar case, pulling up the Delhi police, ASJ Yadav had observed thus:"This is really a sorry state of affairs. It is being claimed by the police in other cases of riots that the circumstances prevailing during the period of riots and almost four weeks thereafter were really difficult and the police could not investigate the cases properly. Thereafter, Delhi was engulfed in Corona virus pandemic and as such, the quality investigation in the matter could not take place...I wonder whether the police can take the same excuse qua the investigation of case FIR No.134/2021, PS Gokalpuri. The answer has to be clear No."Importantly, while discharging three accused including Former AAP Councillor Tahir Hussain's brother Shah Alam, Rashid Saifi and Shadab in FIR 93/2020, ASJ Yadav had observed thus earlier this month:"When history will look back at the worst communal riots since partition in Delhi, it is the failure of investigating agency to conduct proper investigation by using latest scientific methods, will surely torment the sentinels of democracy," observed a Delhi Court on Thursday while discharging three accused persons in a Delhi Riots case," the Court had observed.Dealing with a case concerning the murder of 21-year-old Aaftaf during the North East Delhi riots, ASJ Yadav had observed that it was difficult for the investigating agency to trace public witnesses promptly for the recording of statements as people were shocked and traumatized to the extent that it took them days to muster the courage in reporting the case to the Delhi police.Additional Sessions Judge Vinod Yadav made the observation while framing charges against five accused namely Kuldeep, Lakhpat Rajora, Yogesh, Dilip Kumar and Dinesh Kumar."Though, there is some delay in recording the statements of public witnesses in the matter, but at this stage, this Court cannot loose sight of the fact that on account of prevailing communal tension in the area, it was very difficult for the investigating agency to trace the eye/public witnesses promptly, because the people were so shocked and traumatized that it took several days for them to muster courage to come out and report the matter to the police," the Court observed.Additional Sessions Judge Vinod Yadav in August 2021 had also called for immediate remedial action and asked the DCP of North East District and other senior officials to take notice of the situation.The Court observed thus:"It is further painful to note that in a large number of cases of riots, the standard of investigation is very poor. After filing of chargesheet in the Court, neither the IO nor the SHO nor the aforesaid supervising officers bother to see as to what other material is required to be collected from the appropriate authority in the matters and what steps are required to be taken to take the investigation to a logical end."Other transfers/postings madeThe Chief Justice and judges of the High Court have been pleased to make the following postings/transfers in the Delhi Judicial Service with immediate effect:The Chief Justice and Hon'ble Judges of the High Court have been pleased to make the following postings/transfers in the Delhi Higher Judicial Service with immediate effect:-

Delhi High Court Transfers 11 Judicial Officers Including ASJ Vinod Yadav Dealing With Delhi Riots Cases

Sparsh Upadhyay

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