Delhi Riots: Delhi HC Issues Notice In Plea Seeking Preservation Of Video Footage, Compensation For Victims

The Division Bench of Chief Justice DN Patel and Justice Hari Shankar has issued notices to Central Government, Delhi Government, and Delhi Police.

Moved by Jamiat Ulama-e-hind, the petition seeks preservation of all video footage from the riots affected areas from February 23 to March 1, for the purpose of collecting evidence and not removing the debris without the collection of the said evidence.

Highlighting the need to have an impartial investigation into the case, the Petitioner has asked the court to constitute 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.

'the enquiry should look into aspects of aid and abetment by the state machinery, all socio-political organisations operating in riots affected areas, and all the politicians who were publicly active before and during the riots', the petition says.

Alleging the possible involvement of certain police officers in the violence, the Petitioner has also asked the court to direct criminal and disciplinary action against those police officers who are found liable for deliberate inactivity or participation in the riots.

As a rehabilitation measure, the Petitioner has asked for a direction to be issued to the Delhi Government to pay adequate compensation to all the riot victims as per a scheme which is similar to the scheme providing compensation to the victims of the 1984 riots.

The Petitioner, among other things, has also demanded a change in law. It has asked for inserting two new sections in the Indian Penal Code, as per 267th Law Commission Report:

1. section 153C - Prohibiting incitement to hatred
2. section 505A - Causing fear, alarm or provocation of violence in certain cases

The matter will next be taken up on March 27