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Wastage Of Tax-Payers' Money & Judicial Time : Court Raps Delhi Police Over 'Shoddy' Riots Case Probe -10 Quotes

Sparsh Upadhyay
3 Sep 2021 8:25 AM GMT
Wastage Of Tax-Payers Money & Judicial Time : Court Raps Delhi Police Over Shoddy Riots Case Probe -10 Quotes
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Expressing serious reservation over the failure of the Delhi Police to conduct a non-partisan probe into the north-east Delhi riots case, the Delhi Court on Thursday discharged three men accused of rioting, arson, and various offences. The Delhi Court heavily criticized and tore into Delhi Police over its "shoddy", "callous" and "indolent" investigation into the violence which...

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Expressing serious reservation over the failure of the Delhi Police to conduct a non-partisan probe into the north-east Delhi riots case, the Delhi Court on Thursday discharged three men accused of rioting, arson, and various offences.

The Delhi Court heavily criticized and tore into Delhi Police over its "shoddy", "callous" and "indolent" investigation into the violence which killed around 53 people and left another 200 people injured (officially).

"When history will look back at the worst communal riots since partition in Delhi, it is the failure of investigating agency to conduct a proper investigation by using the latest scientific methods, will surely torment the sentinels of democracy," observed Additional Sessions Judge Vinod Yadav as the Court discharged three accused including Former AAP Councillor Tahir Hussain's brother Shah Alam, Rashid Saifi and Shadab.

Read more about the case here: Delhi Court Discharges Tahir Hussain's Brother Shah Alam And Two Others In Delhi Riot Case Citing Failure Of Investigating Agency To Conduct Proper Investigation

The instant case in brief

The FIR was registered under sec. 147, 148, 149, 427, 380, 454, 436, 435 and 120-B of IPC on the basis of two complaints alleging that a shop was burnt, attacked and looted during the Delhi riots in the Chand Bagh area

While looking at the facts of the case, the Court took note of the fact that the accused persons were neither specifically named in the FIR nor any specific role was assigned to them in the matter.

The Court also noted that there was no CCTV footage of the incident to confirm the presence of the accused at crime scene and no independent eyewitness or evidence was presented regarding the alleged criminal conspiracy.

Against this backdrop, it is important to take note of some important observations made by the Court hinting that there had been attempts to hoodwink the Court by the Delhi Police.

Here are the top ten quotes from the court on this matter:

  1. This Court cannot permit such cases to meander mindlessly in the corridors of judicial system, sweeping away precious judicial time of this Court when the same is open and shut case.
  2. There are a large number of accused persons (in Delhi Riots matter) who have been languishing in jail for the last about 1½ years merely on account of the fact that the trial in their cases are not being initiated. The police seem to be still busy in filing supplementary chargesheets therein. The precious judicial time of this Court is being wasted in giving dates in those cases.
  3. A lot of time of this Court is being consumed by the cases like the present one, where there is hardly any investigation carried out by the police.
  4. The casualty in the matter is the pain and agony suffered by complainant/victim, whose case has virtually remained unsolved; callous and indolent investigation; lack of supervision by the superior officers of the investigation and criminal wastage of the time and money of the tax payer.
  5. The sort of investigation conducted in the instant case and the lack of supervision thereof by the superior officers clearly depicts that the investigating agency has merely tried to pull the wool over the Court's eyes and nothing else.
  6. This case is a colossal wastage of the hard-earned money of tax-payers, without there being real intent of investigating the matter.
  7. The case appears to have been solved merely by filing this charge sheet without any real effort being made to trace out the eye witnesses, real accused persons and technical evidence.
  8. This does not appeal to senses that nobody watched such a large crowd of rioters when they were on a spree of vandalism, looting and arson.
  9. The complaint was required to be investigated with a fair amount of sensitivity and skillfulness, but the same is missing in this investigation.
  10. No real/effective investigation in the matter has been carried out and merely by recording the statement of Constable, that too at a belated stage, especially when the accused persons were already under arrest, the investigating agency has just tried to show the case as "solved"

Apart from the abovementioned observations, the Court also took into account the fact about 750 cases linked with the Delhi Riots matter were registered, and around 150 cases have been received by the Court for trial after committal and only in 35 cases, charges have so far been framed.

"There are a large number of accused persons who have been languishing in jail for the last about 1½ years merely on account of the fact that the trial in their cases are not being initiated. The police seems to be still busy in filing supplementary charge sheets therein," added the Court pointing towards Police insouciant and sluggish attitude in dealing with such cases.

"Painful To Note That Standard Of Investigation Is Very Poor In Large Number Of Riots Cases" : Delhi Court

Not to forget, in a related matter, this very court had, on August 28, pulled up the Delhi Police for the manner of investigating cases concerning the North East Delhi riots including the half-baked filing of charge sheets and nonappearance of Investigating Officers before Court.

Additional Sessions Judge Vinod Yadav 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.

Read more about the case her: "Painful To Note That Standard Of Investigation Is Very Poor In Large Number Of Riots Cases": Delhi Court Pulls Up Police, Calls For Remedial Action

It is equally important to take note of the remarks made by the Court in that matter as well. We have compiled 7 such remarks made by the Court in that matter:

  1. It is really painful to note here that a large number of cases of riots have been pending consideration on charge before this Court and in majority of cases the IOs have not been appearing in Court, either physically or through video-conferencing at the time of consideration on charge.
  2. I have also been given to understand that they have not been briefing the learned Special PPs for arguments of charge. In the morning of the date of hearing on charge, they simply e-mail pdf of the chargesheet to the learned Special PP and leave it upon him to argue the matter on charge as it is, without giving him an opportunity to go deep into the facts and the investigation conducted in the matter.
  3. It is further painful to note that in a large number of cases of riots, the standard of investigation is very poor.
  4. After filing of charge sheet 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.
  5. They don't even bother to care for the queries of learned Special PPs, if any, regarding the charge sheet and the the further investigation which is supposed to have been conducted in the matters.
  6. It is noticed that after filing the half-baked charge sheets in Court, the police hardly bothers about taking the investigation to a logical end.
  7. The accused persons, who have been roped in multiple cases continue to languish in jails as a consequence thereof.

There have been other instances as well where the Court have either aken note of the 'callous' probe of Delhi Police or have questioned their way probe in riots cases:

"Investigation Highly Callous, Inefficient But Cannot Ignore Statements Of Victims": Delhi Court Frames Charges Against One In Delhi Riots Case

'Police Itself Didn't Know That They Were Investigating The Case': Delhi Court Expresses Surprise In Case Relating To Delhi Riots

Delhi Riots- "Pained To See The Lackadaisical Attitude": Court Pulls Up Delhi Police For Callous Approach In Madina Masjid Vandalism Probe

[Delhi Riots] Delhi Court Casts Serious Doubt On Credibility Of Police Witnesses, Grants Bail To One On Ground Of Parity

[Delhi Riots] Delhi Court Questions Police Over Non Maintenance Of Investigation File in Madina Masjid Vandalism Probe, Calls For Status Report

Delhi Riots- "Fail To Understand Why Police Officer Didn't Call PCR/Made DD Entry Despite Having Good Understanding Of Law & Order": Delhi HC Grants Bail To 4

Delhi Riots: Damning Observations In Court Orders Raise Questions Over Delhi Police Probe

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