Breaking- Delhi Riots: High Court Orders CBI Investigation Into Death Of Man Forced To Sing National Anthem

The Delhi High Court on Tuesday transferred to Central Bureau of Investigation (CBI) the investigation into the death of 23 year-old Faizan, who was allegedly forced to sing national anthem during the 2020 North-East Delhi riots.

Justice Anup Jairam Bhambhani allowed the plea moved by Kismatun, Faizan's mother, seeking SIT investigation into her son's death. The plea was filed in 2020.

“I am allowing the petition. I have transferred investigation to the CBI,” the court said.

The incident relates to a video that had gone viral on social media wherein Faizan was seen allegedly being beaten by the police, along with four other men, while being forced to sing national anthem.

Upon pronouncement of judgment, SPP Amit Prasad requested that the direction to transfer investigation from the Delhi Police to CBI be held in abeyance.

However, since the court expressed its disinclination to do so, Prasad prayed that the time-frame for transfer of investigation be extended.

“In view of the above, the time-frame granted vide para 37 of judgment dated 23.07.2024 for transfer of investigation from the Delhi Police to CBI is extended from 07 days to 14 days. No other modification has been made to the judgment,” court ordered.

Advocates Vrinda Grover, Soutik Banerjee and Devika Tulsiani appeared for the mother. SPP Amit Prasad appeared for Delhi Police.

The mother alleged that the Delhi Police had illegally detained the man and denied him critical health care as a result of which he succumbed to injuries on February 26, 2020.

Faizan died at city's GTB hospital within 24 hours of his release from Jyoti Nagar police station, where he was taken after being allegedly assaulted by police officers.

In April, the mother had contended that thorough investigation in relation to her son's death brooks “no further delay.”

Grover had relied upon a recent Supreme Court ruling in Awungshi Chirmayo and Anr. v. Government of NCT of Delhi and Ors. and submitted that in a similar case, the Apex Court has considered it appropriate to handover the matter to the CBI based on the premise that even if the probe was fair in that case, it was seen to be ineffective.

The mother had also told court that her son's death is a “hate crime and custodial murder”. He was “targeted for his religion,” Grover had told court.

In 2022, a coordinate bench had questioned the Delhi Police on delay in investigating the case and sought a detailed status report under the signature of the concerned Deputy Commissioner of Police.

Title: Kismatun v. State

Citation: 2024 LiveLaw (Del) 816