The Delhi High Court has asked Delhi Police to submit a full update on all FIRs and investigations related to the 2020 riots. The court noted that despite alternate legal remedies, petitions have remained pending for six years.
New Delhi: The Delhi High Court on Tuesday asked the Delhi Police to update it on the current status of the investigation into the 2020 Delhi riots. The bench of Justices Vivek Chaudhary and Manoj Jain was hearing several petitions related to the February 2020 violence, including those asking for FIRs against a few political leaders for making alleged hate speeches.
The court pointed out that although there was another legal remedy available to the petitioners, they had not used it even though the petitions had been pending for six years.
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During the hearing, one of the petitioner’s lawyers informed the bench about the number of deaths that took place during the riots.
In response, the court said that FIRs had already been registered and the police were still carrying out the investigation. The bench stated that because the investigation was ongoing, the petitions did not have any further purpose.
However, the petitioner’s lawyer argued that the police were not conducting the investigation in a fair manner and asked the court to order an independent inquiry.
The High Court then advised,
“You challenge it before the magistrate. The magistrate will supervise. These are questions of facts. We cannot entertain questions of facts in writ petitions. You can give that evidence to the magistrate, who will look into it and pass orders. The high court cannot do this.”
The bench also remarked that the petitions had been kept pending for years even though the petitioners had not taken the proper legal route.
It said,
“These petitions are pending for so long for no good reason. FIRs have been registered and the police are investigating.”
The court asked the counsel representing the Delhi Police to submit details of the investigation, including how many FIRs have been registered so far. The matter will next be heard on November 21.
The riots had taken place in North-East Delhi on February 24, 2020, during protests related to the Citizenship Amendment Act, resulting in 53 deaths and around 700 injuries. Many petitions continue to remain pending before the High Court on issues connected to the riots.
Some petitions have sought action against political leaders accused of making hate speeches. Others have demanded a Special Investigation Team (SIT) to conduct an independent probe or FIRs against police officials.
Petitioner Ajay Gautam has asked for an NIA investigation under the UAPA to identify what he calls “anti-national forces” behind the protests.
Another PIL filed by Shaikh Mujtaba Farooq seeks FIRs against BJP leaders Anurag Thakur, Kapil Mishra, Parvesh Verma, and Abhay Verma for allegedly making hateful statements before the riots began.
A petition filed by Lawyers Voice demands police action against Congress leaders Sonia Gandhi, Rahul Gandhi, Priyanka Gandhi Vadra, former Delhi deputy chief minister Manish Sisodia, AAP MLA Amanatullah Khan, AIMIM leaders Akbaruddin Owaisi and Warris Pathan, activist Mehmood Pracha, Harsh Mander, Mufti Mohammad Ismail, actor Swara Bhasker, former Bombay High Court judge BG Kolse Patil, among others.
Jamiat Ulama-i-Hind has also filed a PIL seeking the formation of an SIT to conduct an impartial and independent investigation.
Earlier, the police told the High Court that they had already formed three Special Investigation Teams under the Crime Branch. They said their investigation had not yet found any proof that police officers or political leaders were involved in instigating the violence.
The police also stated that the riots did not appear to be sudden or unplanned but looked like a
“conspiracy to destabilise the harmony in the society.”
The police said that during the riots, they acted
“promptly, vigilantly, and effectively without any fear or favour and in a professional manner”
to protect lives and property. They also informed the court that 757 FIRs had been registered, investigations were still pending in 273 cases, and trials were underway in 250 cases.
The Supreme Court had earlier, in December 2021, directed the High Court to quickly decide a plea seeking FIRs against politicians accused of delivering hate speeches that allegedly contributed to the riots, ideally within three months.
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