Trial pending in 50% cases of property damage during anti-CAA stir, Delhi HC told

In a status report, the Delhi Police have said that only eight out of these 541 FIRs have been decided. While 23 FIRs were registered against those accused of damaging public properties including a temple, masjids, CCTV cameras, police booth, another 518 were lodged against the damage caused to private properties such as shops, houses and personal vehicles

New Delhi: Out of total 541 cases registered against those who damaged public and private properties during the protests against the Citizens (Amendment) Act (CAA) in 2019 and 2020, trial is pending in more than 50% of the cases, the city police on Wednesday told the Delhi high court.

Gavel and law books (Getty Images/iStockphoto)

Responding to a plea by a law student Hinu Mahajan seeking recovery of damages from the persons who allegedly indulged in destruction of public property during the protests, the police have told a bench of chief justice Satish Chandra Sharma and justice Subramonium Prasad that while trial is pending in 276 cases, investigation is yet to be completed in 213 cases.

In a status report, the police have said that only eight out of these 541 FIRs have been decided. While 23 FIRs were registered against those accused of damaging public properties including a temple, masjids, CCTV cameras, police booth, another 518 were lodged against the damage caused to private properties such as shops, houses and personal vehicles.

The report further said that while accused are untraced in as many as 36 FIRs, four cases have been quashed. While one of the FIR stands cancelled, the status report provides no details about the remaining three FIRs.

On Wednesday, the court posted the matter for hearing on January 21, 2023 noting that the status report was not on record.

Mahajan, in her petition, through advocate Yudhvir Singh Chauhan, has sought independent machinery to be set up to assess the damage caused and for recovery of the same from identified persons.

The plea has claimed that the petitioner personally visited various places in the city and was shocked to see the damages caused to public properties during the riots and the resultant huge loss to the state coffers.

In its status report, the police have said that the Chief Justice of Delhi High Court has appointed retired high court judge Justice Sunil Gaur as “claim commissioner” to investigate the damages and to award compensation relating to the riots that took place during the protest against CAA.

Police said that it has “initiated appropriate legal action against the persons involved in causing damage to the public and private properties during the protest against CAA, 2019, in as much as 535 cases have been registered”.

It further said that during the entire period of protest against CAA/NRC (National Register of Citizens) and blockades of roads by the protestors, 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.

“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 special public prosecutor Rajat Nair, said.

It further said that during the riots, the authorities acted promptly, vigilantly, and effectively without any fear or favour and in a professional manner to control the law and order situation in the affected areas and to save life and property of people.

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