Burning Of Madina Masjid In Shiv Vihar During Delhi Riots- Delhi Court Directs Registration Of FIR

A Delhi Court has directed the Delhi Police to register FIR into the alleged incident of burning and desecration of Madina Mosque, Shiv Vihar during the Delhi riots last year.

Additional Chief Metropolitan Magistrate, Mayuri Singh directed the SHO of Karawal Nagar police station to register FIR after the court was of the view that clearly a cognizable offence was made out in the case demanding a proper investigation.

The order came on an application filed by Advocate M.R. Shamshad under sec. 156(3) of Cr.P.C. which empowers a Magistrate to order investigation into cognizable cases.

According to the complaint, around 20 to 25 people had gathered on 25th February 2020 at about 6 PM in the Madina Masjid Gali armed with lathies, sticks, acid, rods and petrol bottles. Thereafter, the accused persons started breaking the mosque and destroyed the premises by putting it on fire with the help of an explosion done through two LPG cylinders.

The complaint mentions that on 26th February 2020, one of the accused had allegedly climbed on the top of the Masjid and chanted Jai Shree Ram followed by hoisting of Saffron Flag over the Masjid.

In view of this, the Court ordered:

"In my considered opinion, FIR is to be registered if a cognizable offence is made out. As per the allegations contained in the complaint regarding the incident of fire etc. in the Madina mosque, Shiv Vihar, cognizable offence is clearly made out and a proper investigation is required as it cannot be said that all the evidences are within the reach of the Complainant, even though he has named some of the persons allegedly involved in the offence."

The Court directed the SHO of Karawal Nagar police station to register FIR under appropriate sections of law. However, the court indicated that the order is no direction for immediately arresting the accused.

"The SHO /Investigating Agency should first investigate the matter and find out whether actually any offence has been committed or not. It is now a settled proposition of law that the power of arrest is different from justification to do so." The court ordered.

The matter will now be heard on 9th February 2021.

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