Delhi riots: Man who complained about loot at his house made accused in the same case

New Delhi: A Delhi court on Wednesday termed it “an apparent absurdity” that a man in the north east Delhi riots, who had complained to the police about the damage and loot of his house during the north east Delhi riots, had subsequently made an accused in the case by the police after his complaint was clubbed with another complaint of one Naresh Chand

New Delhi: A Delhi court on Wednesday termed it “an apparent absurdity” that a man in the north east Delhi riots, who had complained to the police about the damage and loot of his house during the north east Delhi riots, had subsequently made an accused in the case by the police after his complaint was clubbed with another complaint of one Naresh Chand.

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Additional Sessions Judge Vinod Yadav, while hearing the police’s review plea challenging the magistrate’s decision to register an FIR in the burning of the Madina Masjid during the north east Delhi riots in February last year, noted that the complainant Hashim Ali, was himself arrested.

The court said that even though a DD entry is available on record with respect to the burning and desecration of the Madina Masjid on February 25, wherein Ali has named 15 persons as rioters, however, there is nothing on record with respect to the investigation conducted in case FIR No 55/2020 registered at PS Karawal Nagar which the police have claimed to register in the arson of the masjid.

Ali filed two complaints with the police—one in connection to the burning of his house and the other was with respect to the burning of the Madina Masjid, Shiv Vihar.

On Wednesday, the court said, “It is really strange that the complaint with regard to burning of house of respondent no 1 (Ali) was clubbed with the complaint of one Naresh Chand, being case FIR No 72/2020, PS Karawal Nagar and later on the respondent no 1 was arrested in the same matter, meaning thereby that he is not only complainant in the matter,but also an accused, which is an apparent absurdity.”

The judge directed the DCP (north east) to file a report on the status of investigation in the case by March 25 while also asking the SHO of Police Station Karawal Nagar to remain present before it along with the investigation file and case diaries of the matter related to the mosque.

The court noted that the police did not inform the magistrate court that an FIR had already been registered in the mosque case on February 26, 2020.

“A perusal of the impugned order dated February 1, 2021, passed by Metropolitan Magistrate (MM) clarifies that the issue involved in the matter is with regard to burning and desecration of ‘Madina Masjid’, Shiv Vihar, Delhi on February 25, 2020. As per the version of police, already an FIR No 55/2020, PS Karawal Nagar has been registered in this regard on February 26, 2020, but no such averment was made by the police before the MM.

“ Since the issue involved in this case is with regard to Madina Masjid, the specific complaint of complainant dated June 25, 2020 is on record, wherein he has named 15 persons as rioters, who had burnt and desecrated ‘Madina Masjid’; however, there is nothing on record with regard to investigation conducted in case FIR No 55/2020, PS Karawal Nagar in the matter,” it said.

During the hearing, advocate MR Shamshad, appearing for Ali, had submitted that according to the police the FIR in the mosque attack case was registered in February last year but they had filed various status reports in the last six years before the magistrate court without disclosing it.

Shamshad alleged that various wrong status reports were submitted before the magistrate court and the police disclosed the fact about the FIR exactly a year later.