Northeast Delhi riots: Mother of man assaulted by two cops seeks murder charges

During Friday’s proceedings, advocate Grover submitted that a murder charge ought to be framed against the police officers due to the “heinous nature and severity of the assault on Faizan”.

NEW DELHI: The mother of 23-year-old deceased Faizan, who was among the group allegedly beaten by police and forced to recite the national anthem during the 2020 northeast Delhi riots, on Friday sought framing of an additional murder charge against two accused policemen.

Faizan and four others were allegedly beaten by police on 66-foot Road in northeast Delhi’s Kardampuri on February 24, 2020.

The appeal was made by Kismatun, represented by senior advocate Vrinda Grover, before Special Judge Gaurav Rao of Rouse Avenue courts, who is hearing arguments on the charge against the two Delhi police personnel chargesheeted by the CBI in the death of Faizan.

Faizan and four others were allegedly beaten by police on 66-foot Road in northeast Delhi’s Kardampuri on February 24, 2020.

In its chargesheet filed in January this year, the CBI named head constable Ravinder Kumar and constable Pawan as accused in Faizan’s death under various provisions of the Indian Penal Code (IPC), including section 304(II) (culpable homicide not amounting to murder).

While the initial FIR lodged by CBI invoked the penal section of murder, the same was dropped in the chargesheet.

During Friday’s proceedings, advocate Grover submitted that a murder charge ought to be framed against the police officers due to the “heinous nature and severity of the assault on Faizan”.

“He (Faizan) gave a statement describing the injuries sustained by him due to the assault, and this statement is equivalent to a dying declaration as it has been taken less than 24 hours before his death,” the counsel argued.

“A young man is lying helpless and has been given a beating in such a manner that it causes severe injury to his head. The police officers knew that assaulting the victim would cause his death,” the counsel added.

The advocate said that the videos of the incident brought the offence within the ambit of murder. “Framing of an alternate higher charge would not prejudice the course of trial and would serve the ends of justice,” she argued.

Meanwhile, the accused’s counsel, advocate Navin Kumar, opposed the submission, stating that cognisance of the chargesheet had already been taken by a magistrate under the original offences.

The court will take up the matter for further arguments on May 19.

According to Kismatun, Faizan, who worked as a butcher at the Ghazipur Mandi, was forcefully and illegally detained at the Jyoti Nagar police station and did not receive adequate medical treatment, despite being taken to the GTB Hospital. She alleged that he was released from the police station a day later in an injured condition and succumbed to his injuries on the intervening night of February 26 and February 27 at the Lok Nayak Hospital.