Delhi riots: After repeated court raps, Police forms committee to monitor probe

The Delhi Police commissioner Rakesh Asthana has formed a committee of four senior officers to monitor investigation in the northeast Delhi riots cases and ensure that officers are prepared to handle court cases. Courts have repeated raised questions over the handling of riots cases by the Delhi Police

The Delhi Police has formed a committee of four senior officers to monitor the investigation in the Delhi riots cases, and ensure that investigating officers are well prepared with the cases during the ongoing trials in city courts.

A clash between supporters and opponents of the Citizenship (Amendment) Act, or CAA, below the Jafrabad Metro station triggered one of the worst bouts of rioting in Delhi in recent years.The clash snowballed into full-fledged Hindu-Muslim rioting between February 23 and 27. Fifty-three people were killed , 581 injured. (AFP)

The order comes in the backdrop of lower courts and the Delhi high court pointing out loopholes in the investigation, and questioning the handling of many cases related to the February 2020 communal riots in northeast Delhi.

Named the special investigation cell(SIC), Delhi Police commissioner Rakesh Asthana signed the order on September 19 appointing four officers -- special commissioner of the central zone, joint commissioner(eastern range), deputy commissioner of police(east), and additional deputy commissioner of police(northeast) -- as part of the SIC to oversee investigation and progress in each case filed by the northeast district police.

The riots cases are being probed by the special cell, crime branch and the local police stations in northeast Delhi. The northeast district is probing 695 cases; the crime branch filed 60 cases, and the special cell is probing one case.

According to Asthana’s September 19 order, the four-member committee must take stock of all cases pending investigation by the northeast district and expedite the probe. “The officers shall personally liaise with the special public prosecutor to ensure their presence in court in all matters to represent the case of the prosecution on each date effectively....the team shall ensure that all witnesses and investigating officers are appearing in court on time, properly briefed and well prepared. In case the IO (investigating officer) is unable to attend court due to unavoidable circumstances, the SIC shall direct the Station House Officer(SHO) to either attend the matter himself or depute a responsible person...In all cases, where FSL results are pending, personal follow up will be made with Director FSL with a request to expedite the FSL results,” reads some important pointers for the committee.

In the order, Asthana also mentioned that 14 police officers, who were posted in the northeast district during the riots, and were transferred in the meanwhile, have been sent back to assist the investigation. A former Delhi police officer, KG Tyagi, who has served in the northeast district has been appointed as a consultant to monitor the riots cases and advise the officers.

Overall, Delhi police have registered 755 FIRs in connection with the February 2020 riots that broke out in parts of northeast Delhi, leading to 53 dead and 581 injured. A total of 1,818 persons were arrested and charge sheets have been filed in at least 400 cases.

In the last few weeks, the courts have pulled up the Delhi Police for their investigation in some cases.

For instance on September 17, chief metropolitan magistrate Arun Kumar Garg called out the city police and the prosecution for their “lackadaisical” approach in handling the Delhi riots cases and said no action has been taken by the commissioner and top officials despite repeated orders. The magistrate noted that the record showed that the special public prosecutor did not appear in the case on several occasions and this had been brought to the notice of all senior police officers. The court’s remarks came as the prosecutor failed to appear before the court despite repeated calls, while the investigating officer (IO) appeared before the court late without preparing and failed to answer the court’s queries.

On September 2, another court discharged three people in a vandalism case related to the riots, and noted that it seems the police made no real effort to trace eyewitnesses or the real accused persons and solved it “merely by filing the charge sheet.” Additional sessions judge Vinod Yadav, while dropping the charges against three men in an alleged case of loot and vandalism at a shop in Chand Bagh on February 25, said the “lack of supervision 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”.

On August 23, a city court termed the police investigation as “highly callous”, “inefficient” and “unproductive” in another riots-related case reported from Ganga Vihar area. To be sure, the court. however framed charges against the arrested persons as it noted that it could not ignore the statements of witness while framing charges in the case.

Delhi police spokesperson, Chinmoy Biswal, said, “In the interest of justice for the victims, the cases are being monitored by senior officers. This is a good initiative. Delhi Police will ensure that the cases are brought to its logical conclusion and the victims get justice.”

A mid-level officer, who asked not to be named, said, “Some observations in a few cases are making the headlines. The fact is that the court has framed charges in 45 cases so far. It dropped the charges only in one case. Charges are only framed when court finds prima facie evidence. The process of framing charges in other cases is underway.”

A clash between supporters and opponents of the Citizenship (Amendment) Act, or CAA, below the Jafrabad Metro station triggered one of the worst bouts of rioting in Delhi in recent years.The clash snowballed into full-fledged Hindu-Muslim rioting between February 23 and 27. Fifty-three people were killed , 581 injured.