The Delhi high court on Tuesday asked the Delhi police as to why it has not filed a charge sheet in the case concerning the death of a 23-year-old man who was forced to sing the national anthem during the 2020 northeast Delhi riots and asked it to conduct its investigation without influence as per the law.
Justice Chandra Dhari Singh, who was hearing a petition by the deceased's mother seeking a speedy and proper investigation, said that the case was to be taken seriously and asked the investigating agency to 'take into account' the 'suggestions' by the petitioner in her plea.
The incident relates to a video that had gone viral in which the deceased -- Faizan could be seen allegedly being beaten by policemen while being forced to sing the national anthem and 'Vande Mataram'.
Kismatun, the mother of deceased Faizan, has sought an SIT probe into the death of her son, who along with four other Muslim men, was seen in the video.
The woman has claimed that the police illegally detained her son and denied him critical health care due to which he succumbed to the injuries on February 26, 2020.
The DCP concerned told the court that the case involves “technical evidence” and that the investigation has “zeroed down a head constable making the video” and not assaulting the victim and that no stone was being left unturned in the probe.
The judge, who remarked that there was “no ground to disbelieve” one of the highest officers in the police machinery, was further informed by Delhi police lawyer Amit Prasad that while they have “identified some people, confirmation was needed from all angles”.
The court was informed that the agency will take eight more weeks to complete the probe.
The court clarified that it was not interfering with the manner of investigation and added, “The son of a mother has died. I'm not commenting on how and when (but) it has to be taken very seriously” and dealt with as per the criminal law.
“This court has no ground to disbelieve one of the highest-ranking officers..(I'm asking you to) without influence investigate the matter as per the mandate of the CrPC (Criminal Procedure Code) and the Delhi police manual,” the judge said.
The Delhi police said that the statements of the witnesses have been recorded and one of the surviving persons, who was with the deceased, has not alleged any “violence” and that the investigating agency was awaiting the outcome of certain other technical tests.
Lawyer Vrinda Grover, appearing for the petitioner, stated that no arrest was made in the case and the police earlier made a false statement concerning the status of CCTVs in the concerned police station and that the investigating agency was not probing the “second scene of the crime” ie, the police station and sought permission to file a response to the police status report.
The court asked the petitioner to raise objections after the charge sheet is filed and asked her to “have some faith in the investigating agency” and observed that there was “no reason to disbelieve” their stand by invoking the writ jurisdiction.
"Suggestions in the writ petition can be taken into account for the investigation,” said the court as it asked the Delhi police to carry out the investigation without any fear or influence for the purpose of justice to the victim.
Last month, the high court had pulled up the police for its investigation and said that its status report, which was filed in a sealed cover, was “neither here nor there”.
Justice Mukta Gupta had questioned the police over the increased number of injuries (20) recorded in the post mortem report of deceased Faizan as compared to the medical report prepared prior to his detention in police custody where only three injuries were recorded.
Communal clashes had broken out in North East Delhi on February 24, 2020, after violence between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and around 700 injured.
The matter would be heard next in May.
