A Delhi Court on Wednesday stayed the proceedings pending before a CMM Court wherein a man named Hashim Ali, who had complained to the police about loot, arson and damage to his house during the North East Delhi riots, was subsequently made an accused by the police after tagging his complaint with another FIR alleging theft, destruction of property and arson.
Additional Sessions Judge Vinod Yadav while staying the said proceedings also directed the Investigating Officer and SHO, Karawal Nagar to be present in the Court with original case diaries on the next date of hearing i.e. 29th April.
The development came in the revision petition filed by Hashim Ali and Abu Bakar against the order passed by Chief Metropolitan Magistrate dated 24th February 2021 wherein the judge had taken cognizance of offences under sec. 147, 148, 149, 427, 436 and 34 of the Indian Penal Code against the two.
It is the case of Hashim Ali that on 25th February 2020, a mob armed with sticks and rods, carrying acid and petrol broke into his house and thereby committed looting while chanting "Mullon ko jaan se maar dengen." It was therefore alleged that while Hashim tried to escape the house for saving his life, he identified three men. His another house was thereafter set alight at around 05:55 PM.
A complaint was then submitted by Ali naming the three accused persons for allegedly looting, arson and damaging his house.
It was this complaint which was allegedly clubbed with another FIR made by one Naresh Jain alleging theft, destruction of property and arson. Furthermore, it was also alleged that 13 complaints, all filed by Muslim residents of the surrounding area of Madina Masjid, including Hashim Ali's written complaint, were mechanically tagged with the said FIR.
Advocate MR Shamshad, appearing for the applicants in the matter, submitted before the Court that no investigation was carried out against the named persons from other community despite complaints being filed by him and his son. Moreover, it was also the case of the applicants that they were arrested in the matter despite them being complainants which were wrongly tagged with Naresh Jain's complaint.
In view of this, it was prayed by the applicants that the interest of justice would be jeopardized if the interim stay is not granted in the matter as the CMM will be proceeding to commit the said tagged case.
On the other hand, Special Public Prosecutor Nitin Rai Sharma submitted before the Court that he wishes to produce the original case diaries in relation to the complaint made by Hashim Ali and his son.
While asking the State to file reply in the matter, the Court also directed that the original case file be summoned from the Court for the next date of hearing.