Delhi High Court has issued notice in a plea moved by social activist Harsh Mander seeking a Special Investigation Team to be constituted to inquire into the instances of communal violence which have engulfed parts of North Eastern Delhi.
The Division Bench of Justice Muralidhar and Justice Talwant Singh has issued notice to the Commissioner of Delhi Police and have asked a police officer to be present during the hearing.
'We'll take up the matter at 12:30 today. A police officer who's versed with the facts of the situation is also directed to be present during the proceedings', the court ordered.
The case was mentioned before this Division Bench by Senior Counsel Colin Gonsalves as the Division Benches of Chief Justice DN Patel, and Justice GS Sistani, are not sitting today.
It is alleged that due to the provocative statements made by BJP leaders such as Kapil Mishra, Anurag Thakur Parvesh Verma, assailants linked to these politicians carried out multiple brutal assaults on the unarmed persons who were protesting against the CAA.
Further, it is also submitted that around 10 persons have been killed and 160 have been injured, and many houses and shops have been burnt in areas such as Maujpur, Jaffrabad, Kardampuri, Bhajan Pura, Behrampuri, etc.
'This incident (Kapil Mishra's speech) led to a gathering of armed mobs in Maujpur with loud chanting of communal slurs and chanting of 'Goli Maro Salon Ko' and 'Jai Shri Ram', the petition states.
The Petitioner has further alleged that on the incidents that took place on February 24, the Delhi Police started instigating the armed mob of people who were chanting communally charged slogans such as 'Jai Shri Ram'. It is mentioned:
"In Bhajanpura, 100 RSS goons mobilised in the area and distributed weapons and swords to people."
It is also stated in the petition that stone pelting by "ánti-social" elements, in the presence of the police, has been recorded in CCTV cameras installed by the Delhi Government and there are footages available on social media for evidence.
In light of the same, the Petitioner has asked for an FIR to be lodged against Kapil Mishra, Anurag Thakur, Parvesh Verma, and other rioters under sections 147, 148, 149, 153A, 153B, 120B of the Indian Penal Code, as well as, sections 3 and 4 of the Damage To Public Property Act. Their immediate arrest has also been sought.
Earlier an emergency midnight hearing was held at today 12.30 AM at the residence of Justice S Muralidhar of Delhi High Court to hear a plea to ensure safe passage of victims injured in riots in North Eastern portions of Delhi.
The plea was for directions to ensure safe passage of seriously wounded victims from Al Hind Hospital in Mustafabad, a small hospital lacking facilities, to GTB Hospital in Dilshad Garden.
Under the orders of the senior most available judge Jusitce G S Sistani(as CJ was not available), a bench comprising Justices R Muralidhar and Anup Jairam Bhambhani held sitting at Justice Muralidhar's residence at 12.30 AM.
Advocate Suroor Mander explained the dire circumstances of victims trapped in Al Hind Hospital to Justice Muralidhar over phone. Advocate Suroor also arranged for the phone conversation between Dr Anwar at Al Hind Hospital with the bench via speaker mode. Dr Anwar explained that there were 2 dead persons and around 22 injured persons at Al Hind Hospital and that he had been trying to seek police help around 4 PM on February 25 without success.
Sanjay Ghose, counsel for the Delhi Police and Delhi Government, and Rajesh Deo, DCP (Crime) were present at the hearing. The DCP gave Dr Anwar the phone number of Deepak Gupta DPC(East) and also instructed Gupta to reach Al Hind Hospital forthwith.
Following the hearing, the Court ordered :
"The Court at this stage is primarily concerned with ensuring the safety of the lives of the injured and provide immediate medical attention that they require and for that purpose to ensure the safe passage of the injured victims to the nearest available government hospitals .The Court accordingly directs Delhi Police to ensure such safe passage by deploying all the resources at its command and on the strength of this order and to ensure that apart from the safe passage, the injured victims receive immediate emergency treatment, if not at the GTB Hospital, then at the LNJP Hospital or Maulana Azad or any other government hospital".
During the dictation of the order, the DCP (Crime) informed the bench that the police was in the process of evacuating the injured to the nearest hospital.
The Bench has also directed the Delhi Police to submit a status report of compliance, including information about the injured victims and the treatment offered.