Today, On 23rd July, The Delhi High Court transferred the investigation of a youth’s death during the North East Delhi riots to the CBI, citing the suspects’ bigoted mindset. This move aims to ensure a fair and unbiased investigation. The case involves serious allegations of communal bias, necessitating a thorough and impartial probe.
New Delhi: The Delhi High Court on Tuesday ordered that the Central Bureau of Investigation (CBI) take over the investigation into the murder of 23-year-old Faizan, who killed during the North East Delhi riots of 2020.
Faizan, along with four others, allegedly beaten by the police and forced to sing the national anthem. He detained at the Jyoti Nagar police station and died after being released from custody.
The court criticized the investigation conducted by the Delhi Police as “tardy, sketchy, and conveniently sparing of the persons who are suspected to be involved in brutally assaulting the petitioner’s son.”
The bench further remarked,
“What is worse is that the suspects were entrusted to act as custodians of the law, and were in a position of power and authority, but seemed to have been driven by bigoted mindsets.”
The court emphasized that the Delhi Police‘s efforts “too little, too late.” Kismatun, Faizan’s mother, claims that her son died due to the unlawful use of force and authority by the Delhi Police on the night of February 26-27, 2020.
Justice Anup Jairam Bhambhani noted that the involvement of the police as both the perpetrators and investigators of the crime “does not inspire confidence,” highlighting several anomalies and aberrations in the police investigation.
The bench noted,
“The question of whether Faizan experienced any harm while confined in P.S. Jyoti Nagar overnight and into the following day remains unacknowledged and unaddressed,”
The court emphasized that the police appeared to have ignored this issue. It observed that the Investigating Officer had not recorded any statements from independent witnesses regarding Faizan’s medical condition or his treatment while in detention.
The bench stated,
“Even assuming there was no custodial violence, the mere fact that the police kept Faizan at the station when he clearly needed urgent medical care suggests criminal neglect of duty, if not something worse,”
The High Court observed that performing advanced forensic tests on the police officers from P.S. Jyoti Nagar more than four years after the incident is insufficient, considering these officers should have been primary suspects at the start of the investigation.
The bench stated,
“It is not appropriate for this court to comment further on the credibility of the forensic tests conducted at this stage,”
They acknowledged the existence of two sets of video footage, one showing Faizan alone being surrounded and beaten by policemen, and another showing several young men, including Faizan, lying injured on the road near Kardampuri Pulia and being assaulted by policemen.
The court noted,
“Even if Faizan and the other young men had sustained some injuries earlier during the rioting, several policemen present are seen surrounding, dragging, kicking, and striking blows on Faizan and the others with batons; abusing them; and ordering them to sing the National Anthem while they are lying seriously injured and helpless on the roadside.”
The court highlighted that this abuse occurred on February 24, 2020, but the Crime Branch of Delhi Police only examined the petitioner on March 18, 2020. Over four and a half years have passed, yet none of the policemen involved in the abuse and assault have been conclusively identified.
Although the Investigating Officer now claims to have identified a head constable and a constable as possible suspects, these policemen have given deceptive responses in polygraph tests, despite their voice samples matching the recordings in the video footage.
Justice Bhambhani noted,
“The perpetrators of the crime are therefore still at large, though they are all members of the police force in Delhi,”
After considering all the facts, the High Court approved the petition to transfer the case from the SIT of the Crime Branch, Delhi Police.
The bench stated,
“In the opinion of this court, transfer of investigation is necessitated in the present case, to guard the credibility of the investigation and to install confidence in the victims as to the fairness of the process, if for no other reason,”
The court directed,
“In the circumstances, this court is persuaded to dispose of the petition by directing that investigation in case FIR No. 75/2020 dated February 28, 2020, registered at P.S. Bhajanpura under sections 147, 148, 149, and 302 of the Indian Penal Code, 1860 shall forthwith stand transferred to the Central Bureau of Investigation, New Delhi (CBI) for further investigation, by law.”
The CBI also authorized to add any other offenses to the FIR as deemed necessary.
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The Investigating Officer instructed to transfer all records, materials, and evidence collected, along with all statements recorded in the case so far, to the Director of the CBI, New Delhi, within 7 days, extended to 14 days at the request of Special Public Prosecutor (SPP) Amit Prasad.
The court refused to delay the order and directed the CBI Director to assign the matter to an appropriate officer for an expedited investigation.
The petition filed by Advocate Vrinda Grover, along with Soutik Bannerjee, seeking a court-monitored SIT probe.