"Sorry State Of Affairs, Lackadaisical": 10 Times When Courts Slammed Delhi Police Over Riots Probe In 2021

A total of 758 cases have been registered by the Delhi Police over Delhi Riots that rocked the national capital last year. However, the quality of probe into the same has been questioned by the city Courts on varied aspects.The riots cases pending adjudication in Karkardooma Courts are being investigated by three agencies, namely North East district police (695 cases), Crime branch (62 cases) and Special Cell (1). In a status report submitted by the Delhi Police in the High Court, it was revealed that apart from the cases probed by the North East district police, the ones undertaken by the Crime Branch pertained to major incidents like murder. Investigation into the same was carried out by employing three dedicated Special Investigating Teams (SITs); being continuously monitored by superior officers. On the other hand, the single case probed by the Delhi Police Special Cell was that of the larger conspiracy into the riots. Even though such an expanded investigation was carried out by three investigating agencies under continuous monitoring, the status report revealed that only 361 chargesheets were filed as against 758 cases, as on October 7, 2021. Furthermore, while 361 chargesheets have been filed so far, charges are framed only in 67 cases; meaning charges are yet to be framed in 287 cases. There has been only one conviction so far in riots cases. One case ended in acquittal.One Suresh alias Bhatura was acquitted of all charges levelled against him, including rioting, dacoity and being a part of an unlawful assembly that attacked and looted a shop during the riots. While acquitting him, Additional Sessions Judge Amitabh Rawat was of the view that there was no testimony worth its salt to connect Suresh to the offences in question. "…. it is well apparent that the prosecution has miserably failed to prove its case, forget about beyond reasonable doubts," the Judge had said. On the other hand, Dinesh Yadav was convicted for being an active member of the riotous mob that vandalized and put on fire the house of the complainant in the matter. "The fact that the accused also belongs to Hindu community and was present in the mob armed with an wooden rod which mob resorted to violence against the Muslims, indicates that he shared the common object of the unlawful assembly. The mere fact that he was not seen entering complainant's house or vandalizing or looting or putting it on fire, does not mean that he was mere a bystander," Additional Sessions Judge Virender Bhat had said. The meagre percentage of cases leading to framing of charges/ discharge raises a big question regarding the efficiency of probing agencies. The Courts, while dealing with the trials, have questioned the conduct of the Delhi Police on a variety of aspects, including: (i) delay in conducting investigation, (ii) seeking frequent adjournments owing to non-availability of Investigating Officers, (iii) lack of performance of supervisory duties, and (iv) failure to comply with judicial orders. "Lackadaisical", "sorry state of affairs", "highly callous" is how the Courts dubbed the nature of investigations carried out by the agencies qua the Riots cases. The aforesaid discussion compels one to think, why were the Courts critical of the police probe? What went wrong? Where exactly is the Delhi Police failing in performance of its duties? Here is an attempt to unearth the reasons. Delay In Investigation 1. "Failure Of Police Officers To Take Appropriate Measures For Prosecution Of Delhi Riots Cases Causing Delay In Trials": Court Pulls Up Delhi PoliceA local Court had pulled up the Delhi Police for failure of its police officers to take appropriate measures for the prosecution of Delhi riots cases, thereby causing avoidable delay in committal or trials of the cases. "Such lackadisical approach on the part of the prosecution as well as the Investigating Agency in riots cases has been repeatedly brought to the notice of not only the DCP North East and Joint CP Eastern Range but has also been brought to the notice of the Commissioner of Police, Delhi. However, no steps for proper prosecution of the cases seem to have been taken by either of them and if taken, have not yet been brought to the notice of this Court," Chief Metropolitan Magistrate Arun Kumar Garg observed."The aforesaid failure on the part of said police officers to take appropriate measures for prosecution of riots cases is causing avoidable delay in committal/trial of riots cases," the Court said while directing the Commissioner of Police, Delhi to personally look into the issues pointed out by the Court and also to ensure that the prosecution of riots cases is done effectively.The same Judge later also cautioned the Deputy Commissioner of Police (North East Delhi) and Commissioner of Police that it will hold them personally responsible for imposition of cost in case the investigating officers seek adjournment for compliance of the orders passed by the Court in a riots case.2. "Sorry...

"Sorry State Of Affairs, Lackadaisical": 10 Times When Courts Slammed Delhi Police Over Riots Probe In 2021

Nupur Thapliyal

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