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Delhi court orders for fair probe into riots complaint case closed by the police

The court noted that an independent and impartial investigation is necessary despite the fact that the complainant had FIRs lodged against him

Sabrangindia 30 Nov 2020

Image Courtesy:indianexpress.com

The court of Metropolitan Magistrate (MM), Delhi has ordered the police to register an FIR and conduct a fair investigation into the riots case where the police had closed the probe, despite video evidence against the alleged accused. (Salim v State and Ors I.D. No. 1119 of 2020)

The MM, Fahad Uddin said, “In the facts and circumstances of the present case, this Court deems fit to direct the SHO PS Jafrabad to register an FIR at the earliest under the appropriate sections of law on the basis of the allegations made in the Complaint by the present Complainant and to ensure that a fair, independent and impartial investigation is made on the Complaint filed by the Complainant in the present case and a final report is filed thereof without delay.”

He also directed the Deputy Commissioner of Police (DCP) concerned to “ensure registration of FIR by SHO Police Station Jafrabad as directed by the Court and monitor the investigation being carried out by the SHO Police Station Jafrabad in the present complaint.”

Background

On November 23, the MM Fahad Uddin was hearing a matter pertaining to Salim, a resident of Yamuna Vihar who alleged that on February 24, 2020, his neighbours Subhash and Ashok Tyagi open fired and attacked his house and that another neighbour Nasheer was shot. He had filed an application under section 156(3) of the Code of Criminal Procedure, seeking directions for registration of FIR on the allegations made by the Salim/complainant.

The complainant Salim also said that his neighbours pelted stones and threw patrol bombs on the roof of his house and in order to save his life, he left the house. The Complainant asked for help but no police personnel arrived at the spot.  

The court of the MM also noted that a written complaint was filed on March 1 with the Station House Master, Jafrabad Police Station and further to the DCP on March 17 but no action was taken. The Complainant also stated to have video recordings of the said incident and has submitted the same before this Court in the form of a pen drive along with a certificate under section 65 B of the Evidence Act.   

But the Police informed the court that there are already certain FIRs registered against Salim as mentioned in the report of the Investigating Officer and that him and his family members were allegedly involved in the criminal acts during the Communal riots. The Police further said that Salim has been arrested for the same and that a false complaint is made by him to save himself. Hence, no cognizable offence seems to have been made out on the basis of the complaint filed by the complainant Salim.

Court’s observation

The court was not convinced with the police submissions and said, “a cognizable offence is made out on the basis of the allegations made in the Complaint by the present Complainant and the offences alleged of requires to be investigated by the police.”

“Further the allegations made in the Complaint are serious in nature and pertain to the protection of right to life and property of the Complainant. The equal protection of laws cannot be denied to the Complainant merely on account of registration of certain FIRs against him as mentioned in the reply of the IO and on the assumption of the IO that the complaint is false and made to save the Complainant and that too without even registering an FIR and conducting an independent and impartial investigation into the allegations made by the Complainant”, he added.

Hence, the court of Metropolitan Magistrate Fahad Uddin noted, “Such a conclusion/finding can be arrived at by the investigating agency only after an FIR is lodged on the complaint of the complainant and a fair, independent and impartial investigation is carried out by the police into the offences alleged to be made out in the Complaint against the alleged offenders.”

The order may be read here:

Related:

Delhi Riots: Jamia student granted parole to sit for exam
Delhi Riots: No ‘incriminating clinching evidence’, court grants bail
Delhi riots: Activist Gulfisha Fatima gets bail, but will remain in jail under UAPA

Delhi court orders for fair probe into riots complaint case closed by the police

The court noted that an independent and impartial investigation is necessary despite the fact that the complainant had FIRs lodged against him

Image Courtesy:indianexpress.com

The court of Metropolitan Magistrate (MM), Delhi has ordered the police to register an FIR and conduct a fair investigation into the riots case where the police had closed the probe, despite video evidence against the alleged accused. (Salim v State and Ors I.D. No. 1119 of 2020)

The MM, Fahad Uddin said, “In the facts and circumstances of the present case, this Court deems fit to direct the SHO PS Jafrabad to register an FIR at the earliest under the appropriate sections of law on the basis of the allegations made in the Complaint by the present Complainant and to ensure that a fair, independent and impartial investigation is made on the Complaint filed by the Complainant in the present case and a final report is filed thereof without delay.”

He also directed the Deputy Commissioner of Police (DCP) concerned to “ensure registration of FIR by SHO Police Station Jafrabad as directed by the Court and monitor the investigation being carried out by the SHO Police Station Jafrabad in the present complaint.”

Background

On November 23, the MM Fahad Uddin was hearing a matter pertaining to Salim, a resident of Yamuna Vihar who alleged that on February 24, 2020, his neighbours Subhash and Ashok Tyagi open fired and attacked his house and that another neighbour Nasheer was shot. He had filed an application under section 156(3) of the Code of Criminal Procedure, seeking directions for registration of FIR on the allegations made by the Salim/complainant.

The complainant Salim also said that his neighbours pelted stones and threw patrol bombs on the roof of his house and in order to save his life, he left the house. The Complainant asked for help but no police personnel arrived at the spot.  

The court of the MM also noted that a written complaint was filed on March 1 with the Station House Master, Jafrabad Police Station and further to the DCP on March 17 but no action was taken. The Complainant also stated to have video recordings of the said incident and has submitted the same before this Court in the form of a pen drive along with a certificate under section 65 B of the Evidence Act.   

But the Police informed the court that there are already certain FIRs registered against Salim as mentioned in the report of the Investigating Officer and that him and his family members were allegedly involved in the criminal acts during the Communal riots. The Police further said that Salim has been arrested for the same and that a false complaint is made by him to save himself. Hence, no cognizable offence seems to have been made out on the basis of the complaint filed by the complainant Salim.

Court’s observation

The court was not convinced with the police submissions and said, “a cognizable offence is made out on the basis of the allegations made in the Complaint by the present Complainant and the offences alleged of requires to be investigated by the police.”

“Further the allegations made in the Complaint are serious in nature and pertain to the protection of right to life and property of the Complainant. The equal protection of laws cannot be denied to the Complainant merely on account of registration of certain FIRs against him as mentioned in the reply of the IO and on the assumption of the IO that the complaint is false and made to save the Complainant and that too without even registering an FIR and conducting an independent and impartial investigation into the allegations made by the Complainant”, he added.

Hence, the court of Metropolitan Magistrate Fahad Uddin noted, “Such a conclusion/finding can be arrived at by the investigating agency only after an FIR is lodged on the complaint of the complainant and a fair, independent and impartial investigation is carried out by the police into the offences alleged to be made out in the Complaint against the alleged offenders.”

The order may be read here:

Related:

Delhi Riots: Jamia student granted parole to sit for exam
Delhi Riots: No ‘incriminating clinching evidence’, court grants bail
Delhi riots: Activist Gulfisha Fatima gets bail, but will remain in jail under UAPA

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