Delhi riots case: Court asks police to clarify its stand

The order comes while hearing an application by the investigating officer, seeking the return of 30 complaints, which were clubbed in the case against the accused Raj Kumar and four others along with the charge sheet.

A Delhi court has sought clarification from the city police on its “conflicting stand” in the matter where initially 30 complaints of the North East Delhi riots were clubbed but last month the investigating officer moved an application seeking their return.

Clashes between supporters of CAA and those who were protesting against it snowballed into communal riots in north-east Delhi in February 2020. (PTI Photo)

In an order of November 1, additional sessions judge Pulastya Pramachala sought to know from the Deputy Commissioner of Police, north-east district, regarding the number of accused people, while also seeking to know as to what action has been taken against them in the FIR.

The order comes while hearing an application by the investigating officer, seeking the return of 30 complaints, which were clubbed in the case against the accused Raj Kumar and four others along with the charge sheet.

“Before proceeding further, it is necessary to get a clear and clean picture with support of relevant evidence and hence, the matter is referred to the DCP, northeast district, to look into the scenario and questions and to come up with clarifications,” Additional Sessions Judge Pulastya Pramachala said in an order dated November 1.

The court noted that as per the IO, none of these complainants could identify or name any accused involved in the incident related to their properties and the investigation was ongoing in the case.

The court said that initially a complaint was filed by the complainant Azad Singh regarding a riotous mob, equipped with rods and blunt weapons, looting and burning the articles of two of his tenanted shops on February 25, 2020, at New Sabhapur in Karawal Nagar.

But, out of the four names mentioned in the complaint, one was subsequently cut with ink, the judge said, adding that the record of the case also contained complaints made by 19 people regarding damage and loot of their properties by a riotous mob on February 25, 2020, the court said.

The court noted that though the charge sheet was filed against five accused, the DCP concerned mentioned 14 accused in his complaint.

“All the above-mentioned scenarios lead to conflicting stand on the part of the first complainant as well as the prosecution (on the basis of difference of accused persons charge-sheeted and mentioned in the complaint...),” the judge said.

“Several questions arise as to why the fourth name in the complaint of Azad Singh was cut with ink and how it was ensured that which statement of this witness was correct and what action was contemplated for mentioning the wrong names of the accused in the FIR?” the judge added.

The court then directed the DCP concerned to submit the report on December 24.

The Karawal Nagar police station had filed a charge sheet against five accused Raj Kumar, Sonu, Virender, Rohit and Vinod under various provisions of the Indian Penal Code, including rioting, armed with a deadly weapon and mischief by fire or explosive substance with intent to destroy house etc.