A Delhi court ordered an FIR against SHO Jyoti Nagar, Mr. Tomar, for allegedly beating Muslim men, forcing them to chant “Jai Shri Ram” and “Vande Mataram” during the 2020 Delhi riots. The incident, caught on video, also involved wrongful confinement and intimidation. The Court slammed the police for hate crimes and lack of proper investigation, directing further inquiry into the roles of other officers involved.
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NEW DELHI: A Delhi court ordered an investigation into an incident from the 2020 Delhi riots, where police officers were caught on video beating Muslim men and forcing them to sing the national anthem, “Vande Mataram,” and chant “Jai Shri Ram” during the violence.
Magistrate Udbhav Kumar Jain of Karkardooma Court instructed that a First Information Report (FIR) be registered against the Station House Officer (SHO) of Jyoti Nagar police station, Mr. Tomar, for crimes including wrongful confinement, criminal intimidation, physical assault, and religious insult under the Indian Penal Code (IPC).
“FIR be registered under sections 295-A/323/342/506 IPC against the SHO PS Jyoti Nagar (Mr. Tomar) who was holding the said post in February-March 2020,”
-the Court ordered.
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According to the complaint filed by Mohd Waseem, he had left his house on February 24, 2020, searching for his mother during the riots.
During his search, he claimed to have witnessed Bharatiya Janata Party (BJP) leader Kapil Mishra leading an unlawful gathering and firing at protesters.
The police reportedly used a powerful cannon gun to fire tear gas shells, which created dense smoke in the area. Waseem tried to escape from the chaos but fell.
He alleged that police officers were also supporting Kapil Mishra and others, as mentioned in the Court’s order.
Later, some policemen, under the orders of the SHO, allegedly threw Waseem and several other injured individuals onto the ground, beat them, and made them chant “Jai Shri Ram“ and “Vande Mataram.”
The entire incident was reportedly recorded on video by some police officers.
Following this, the SHO allegedly forced Waseem and his father to sign a document containing statements that were not written by them and made them speak to the media under the SHO’s instructions.
They complied out of fear, as informed to the Court.
Waseem later sent a complaint about the incident via email to senior police officials and the National Human Rights Commission of India (NHRC), but no action was taken.
This compelled him to file an application under Section 156(3) of the Criminal Procedure Code (CrPC) in Court, seeking an investigation.
The Court has now ordered the current SHO to investigate and identify other police officials involved in the incident.
“Current SHO is directed to depute a responsible officer not below the rank of Inspector to conduct investigation in the present matter and role of other unknown police officials involved in the commission of alleged offences,”
-the Court ordered.
The Court further stated that police officers had committed hate crimes against the complainant, and no special approval was needed to prosecute them.
“Clearly, the SHO PS Jyoti Nagar, Mr. Tomar (complete name with post not provided) and other unknown police officials engaged themselves in hate crimes against the complainant/victim and they cannot be protected under the garb of sanction as alleged offences committed by them cannot be said to have been committed while acting or purporting to act in the discharge of their official duty,”
-the Court stated.
The Court also criticized the Action Taken Report (ATR), stating that it only denied Waseem’s allegations but failed to mention any actual steps taken for a preliminary inquiry.
Additionally, the Court noted that the ATR did not mention CCTV footage of the incident, which should have been examined by the Investigating Officer (IO).
Furthermore, the Court found that the ATR was “conspicuously silent” regarding allegations against a former Member of the Legislative Assembly (MLA).
“It seems that the IO was more concerned about the police officials and either he failed to make inquiry against the alleged accused no.3, or he tried to cover up the allegations against the said accused. The ATR is completely silent qua him,”
-the Court observed.
Due to this, the Court instructed the complainant to approach an MP/MLA court regarding the allegations against the former MLA.
CASE TITLE:
Mohd. Waseem vs. State through SHO & Ors.
Click Here to Read Previous Reports on 2020 Delhi Riots
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