Delhi Riots Investigation: A Deep Dive into Police Accountability and Flawed Probes
In the aftermath of the most severe communal riots Delhi has witnessed since the partition, the city’s police force has come under intense scrutiny.
“When history will look back at the worst communal riots since partition in Delhi, it is the failure of the investigating agency to conduct proper investigation by using latest scientific methods, will surely torment the sentinels of democracy,”
observed a Delhi Court in September 2021.
Fast forward three years, and the courts in India’s capital have consistently criticized the Delhi Police for their investigative shortcomings and the alleged fabrication of evidence in the First Information Reports (FIRs) related to the 2020 North-East Delhi riots.
Judicial Reprimands and Police Accountability
Despite receiving regular judicial reprimands for their lackluster investigations, the Delhi Police’s approach to the riot cases hasn’t shown significant improvement. This stagnation is attributed to a lack of accountability for the officers involved in these investigations.
Recent court orders have highlighted a concerning trend: innocent individuals, primarily from economically disadvantaged backgrounds, have been wrongfully implicated. Many of these individuals, unable to afford legal representation, have languished in jail for extended periods. In numerous instances, the courts have discharged the accused, indicating that the chargesheets lacked sufficient evidence to proceed to trial.
On August 16, Additional Sessions Judge Pulastya Pramachala of Karkardooma Court discharged three men, Akil Ahmad alias Papad, Rahish Khan, and Irshad, in a riot case. The judge expressed concerns over the Delhi Police’s investigative officer allegedly manipulating evidence and filing chargesheets without thorough investigation. The court stated,
“instead of having a grave suspicion against the accused persons for their involvement in the alleged incidents… I am having suspicion for IO having manipulated the evidence in the case, without actually investigating the reported incidents properly.”
This sentiment was echoed in subsequent cases. For instance, the same judge acquitted Javed in another riot case, criticizing the Investigating Officer and a Constable for making “artificial statements” regarding the accused’s involvement in rioting activities. The Delhi Police was also reprimanded for filing multiple chargesheets without proper investigation.
A Pattern of Inadequate Investigations
In April of the previous year, six individuals were discharged due to insufficient evidence, with the court noting that proceeding with charges would be a
“sheer wastage of judicial time.”
Similarly, other accused individuals like Rohit, Dinesh Yadav, and Noor Mohammad were acquitted due to lack of evidence or questionable identification methods.
Another Sessions Judge, ASJ Amitabh Rawat, questioned the police’s decision to label a complainant, Sajid, as an accused after their investigation. This pattern of questionable police work has led to several acquittals, with courts often emphasizing the unreliability of sole testimonies from police witnesses.
Despite these judicial observations, higher police authorities have taken minimal action to address these investigative shortcomings. Even when cases were referred to senior officers, including the Commissioner of Police, no substantial measures were taken to ensure accountability.
The Need for Reform
Judge Pramachala, on multiple occasions, has highlighted the need for the police force’s sensitization, especially regarding the admissibility of digital evidence and the importance of thorough investigations. The judge’s sentiments were shared by ASJ Vinod Yadav, who criticized the Delhi Police for their
“callous and indolent investigation”
and the lack of effort in identifying genuine witnesses and evidence. However, despite his critical observations, ASJ Yadav was later transferred.
The recurring theme in these judicial orders paints a grim picture of the state of police investigations in the Delhi riots cases. With every wrongful acquittal, the actual perpetrators remain at large, undermining the justice system.
The courts have consistently highlighted the need for a more rigorous approach to investigations by the Delhi Police. The evident flaws in their methods, combined with the failure to apprehend the real culprits and the alleged framing of innocent individuals, underscore the urgent need for accountability and reform within the police force.
