Court Asks Police to File FIR against Delhi Minister to Probe Role in 2020 Delhi Riots

Manas Dasgupta
NEW DELHI, Apr 1: Rejecting the objections of the Delhi police, a Delhi court on Tuesday ordered filling of an FIR against the Delhi cabinet minister Kapil Mishra and others to investigate their alleged roles in a case related to the north-east Delhi riots which left 53 people dead and over 700 injured in February, 2020.
Additional chief judicial magistrate Vaibhav Chaurasia found a “prime facie” cognisable offence, requiring a probe. “It is clear that Mishra was in the area at the time of alleged offence… further probe required,” the judge said.
The judge was hearing arguments on a plea filed by a Yamuna Vihar resident Mohammad Ilyas, seeking registration of the FIR, which was opposed by the Delhi police claiming Mr Mishra had no role in the riots.
The applicant moved the court seeking to book six persons, including Mr Mishra, Mustafabad MLA and Deputy Speaker Mohan Singh Bisht, the then DCP (North East), the then SHO of the Dayalpur police station, and former BJP legislator Jagdish Pradhan, for their alleged involvement in the communal violence.
The petitioner claimed that on February 23, 2020, he saw Mr Mishra and others blocking a road in Kardampuri and destroying the handcarts of street vendors. He added that the then (North East) DCP, along with some other officers, stood beside Mr Mishra as he threatened anti-CAA protesters to vacate the area. Mr Illyas also said he witnessed the then Dayalpur SHO and others named in the plea vandalising mosques across north-east Delhi.
In response, the police, through Special Public Prosecutor Amit Prasad, told the court that Mr Mishra’s role has already been probed in connection with the larger conspiracy case, in which former Jawaharlal Nehru University student leader Umar Khalid and several others have been booked under the Unlawful Activities (Prevention) Act, and no role has been ascribed to him.
Another Delhi court had recently asked a complainant to approach the concerned MP/MLA Court to seek registration of an FIR against Mr Mishra. Judicial Magistrate First Class Udbhav Kumar Jain of Karkardooma Court in an order dated January 18 also remarked that it seems that the Investigating Officer was more concerned about the police officials and either he failed to make inquiry against Mr Mishra, who was an accused, or he tried to cover up the allegations against the accused.
“The Action Taken Report (ATR) is completely silent on the accused number 3 [Mr Mishra],” the court noted. “The alleged accused no.3 is in public eyes and is prone to more scrutiny; such persons in the society direct the course/mood of the public at large and thus, responsible behaviour within the ambit of the Constitution of India is expected from such persons,” the court said.
In his complaint Mohammad Wasim had said on February 24, 2020, he saw Mr Mishra participating in an unlawful assembly and threatening the people. He further alleged that he, along with a group of men, were forced to sing the national anthem and Vande Mataram by the policemen during the riots. The video of the act had gone viral on social media. A 23-year-old, part of that group, died during the riots.
The complainant had claimed that he previously tried to lodge an FIR in the matter in 2020, but no action was taken. He then decided to approach the court seeking an FIR. The police’s report submitted in the court claimed that allegations against the policemen are baseless and incorrect.
Meanwhile, on Monday, the additional sessions judge Pulastya Pramachala acquitted 12 men accused of murdering two persons during the 2020 Delhi riots saying there was no evidence on the record to show that any of them was a member of the mob. Additional Sessions Judge observed that the WhatsApp chats of one of the accused confessing to the two murders was not “substantive evidence.”
According to the charge-sheets, the victims, Aamin and Bhure Ali, were killed by rioters and their bodies were thrown into drains on February 25 and 26, 2020, respectively. In two orders dated March 28, the court said the prosecution’s evidence about the messages being exchanged by the accused confessing to the murders in a WhatsApp group could not be used as substantive or primary evidence.
“Such posts may be put in the group solely to become a hero in the estimation of other members of the group. It could also be a boast without truth. Therefore, the relied-upon chats cannot be substantive evidence to show that the accused, Lokesh Solanki, had actually killed two Muslim persons. These chats at the most could be used a corroborative piece of evidence…,” the court said.
It said the prosecution had relied upon the same WhatsApp chats to support the allegations of murder against the accused in several other cases also. The judge said though the offence of murder was established, their particulars, including the time and place, were not proved. Also, another question that remained unanswered was whether the offence was committed by an unlawful assembly consisting of five or more persons, he said.
“It is only a formality to say that there is no evidence on the record to show that any of the accused was a member of the culprit mob,” the judge said. The judge also observed that a key prosecution witness did not identify the accused persons and made a “generalised statement, perhaps based on hearsay.”
“I find that charges levelled against the accused persons are not proved at all. Hence, all accused, namely Lokesh Kumar Solanki, Pankaj Sharma, Ankit Chaudhary, Prince, Jatin Sharma, Himanshu Thakur, Vivek Panchal, Rishabh Chaudhary, Sumit Chaudhary, Tinku Arora, Sandeep and Sahil are acquitted of all charges,” the judge said.