Effective action contained violence quickly during Delhi riots: Police to HC

The Delhi police has told the Delhi high court that the authorities acted promptly, vigilantly, and effectively without any fear or favour and in a professional manner to control law and order situation in the affected areas and to save life and property of people during the 2020 North East Delhi riots.

It said as and when the protestors tried to infringe the law and failed to obey directions of enforcement agencies, appropriate legal action was taken against the miscreants.

The police said that due to the measures taken by it, the violence could be contained in a few days and was confined to a limited area and the investigation of these cases is being carried out professionally and scientifically under the monitoring of senior officers.

The police filed an affidavit before a bench of Chief Justice D N Patel and Justice Jyoti Singh, before whom the matter was listed on Friday and would now be taken up on February 4.

The court was hearing a batch of petitions concerning the 2020 violence and alleged hate speeches by leaders which led to violence in the backdrop of protests against the Citizenship (Amendment) Act.

It also informed the high court that out of 758 cases, charge sheets have been filed in 367, investigation pending in 384, the cancellation report for closure of cases have been filed in courts in three and four have been quashed by the high court.

“Out of 758 cases registered, 695 cases are being investigated by North-East District police. 62 cases that pertained to major incidents like murders etc were transferred to the crime branch, which had undertaken an investigation in the said cases by employing three dedicated Special Investigating Teams, being continuously monitored by the superior officers. One case of larger conspiracy behind the engineering of the communal riots in Delhi is being investigated in Special Cell,” the affidavit stated.

The affidavit, filed on January 27, claimed that all cases are investigated promptly, diligently, fairly, and in accordance with the law.

“It is stated that during the entire period of protest against CAA/NRC and blockades of roads by the protestors, the Delhi police remained vigilant and cautious and took all necessary measures to ensure that the protest may not escalate and the protestors may not breach the law and order situation in the area under the garb of exercising the constitutional rights available with them," stated the affidavit.

“As and when the protestors tried to infringe the law and failed to obey the lawful directions of the enforcement agencies, appropriate legal action was taken against the rioters/ miscreants,” the affidavit, filed through advocates Amit Mahajan and Rajat Nair, said.

It further said earnest efforts, including deployment of adequate force and involving respectable citizens of the area, were made to restore normalcy.

The affidavit was filed in pursuance of the court's November 25, 2021 order directing the police to give the latest status of criminal cases arising from the riots that broke out in the national capital in 2020.

The court is seized of several petitions including a plea which has alleged that Congress leaders, including Rahul Gandhi, Sonia Gandhi, and Priyanka Gandhi Vadra, as well as AAP leaders Manish Sisodia and Amanatullah Khan, and All India Majlis-E-Ittehadul Muslimeen MLA Waris Pathan gave hate speeches.

The court has also been hearing a PIL by Delhi resident Ajay Gautam seeking an National Investigation Agency probe under the Unlawful Activities (Prevention) Act law into the violence.

The petition has urged the court to direct the Centre to order the National Investigation Agency to find out the 'anti-national forces' behind the agitations and to probe the role of People's Front of India which is allegedly, 'funding, motivating and supporting the protests.'

Apart from seeking action against those who allegedly gave the hate speeches, some pleas have also sought other reliefs, which include setting up of an SIT, FIRs against police officers who were allegedly involved in the violence, and disclosure of persons arrested and detained.

In its response to these prayers, the police had earlier said it had already created three special investigation teams under the crime branch and there was no evidence till now that its officers were involved in the violence.

It had added that the families of people arrested and detained in connection with the riots had been informed.

The police, in its affidavit earlier, had said that investigations into the northeast Delhi riots have not revealed any evidence till now that political leaders instigated or participated in the violence.

It had said its prima facie investigations revealed that this was not a case of any sporadic or spontaneous violence "but appears to be a part of a well thought of conspiracy to destabilise the harmony in the society".

The police had said the investigation conducted so far "is pointing towards a wider and a larger conspiracy and concerted attempts of disrupting law and order situation in the national capital territory of Delhi through violent means by disrupting communal harmony in the state and to perpetuate chaos in the society."