Faizan's Death A 'Hate Crime', Delhi Police's Probe Has Been Sketchy: High Court In National Anthem Case
The Delhi High Court on Tuesday said that the Delhi Police's investigation into the death of 23 year-old Faizan, who was allegedly forced to sing national anthem during the 2020 North-East Delhi riots, has been tardy and sketchy.
Justice Anup Jairam Bhambhani said that the investigation has been “conveniently sparing” of the persons suspected to be involved in “brutally assaulting” Faizan.
“The case presents allegations of gross violation of human rights, as the unlawful actions of the policemen, who are yet to be identified, were motivated and driven by religious bigotry and therefore would amount to a „hate-crime‟,” the court said.
Justice Bhambhani allowed the plea moved by Kismatun, Faizan's mother, seeking SIT investigation into his death and transferred probe in the case to CBI.
“It must be understood that mob-vigilantism and mob- violence do not cease to be so merely because these are perpetrated, not by ordinary citizens, but by policemen themselves. If anything, the element of abomination gets aggravated if hate-crime is committed by persons in uniform,” the court said.
It further said that far from preventing incidents of hate-crime, admittedly some policemen were found to have indulged in mob-violence and mob vigilantism against Faizan.
The court observed that the question as to whether anything happened to Faizan when he was kept within the confines of P.S. Jyoti Nagar overnight and until late the next day, has remained un acknowledged and un-addressed.
“That issue appears to have been brushed under the carpet by the police. The Investigating Officer does not appear to have recorded the statement of any independent person in relation to Faizan‟s medical condition and how he was treated while in detention at the police station,” the court said.
Castigating the Delhi Police over its sketchy probe, the court said 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.”
It further said that it was inexplicable as to why the police took Faizan to the police station instead of taking him for further treatment as per the advice of the doctors at GTB Hospital.
Justice Bhambhani also said that the police has taken a very convenient stand in relation to the non-availability of CCTV-footage from the police station, which could not be countenanced.
“Even assuming that there was no custodial violence, the very fact that the police kept Faizan at the police station when he was evidently in need of critical medical care itself smacks of criminal neglect of duty, if not something worse,” the court said.
The court directed that the CBI would be entitled to add to the FIR any other offence(s) as may be found to be made-out in the case.
“It is made clear that the investigation conducted thus far by Delhi Police, as well as all material and evidence collected and all statements recorded by them, shall form part of the records of the case, and shall be dealt-with conjointly with the material, evidence and statements that the CBI would collect/record in the further investigation,” the court said.
It added: “There is no gainsaying that what the Delhi Police have done so far is “too-little, too-late‟.
Counsel for Petitioner: Ms. Vrinda Grover, Mr. Soutik Banerjee and Ms. Devika Tulsiani, Advocates
Counsel for Respondents: Mr. Amit Prasad, SPP with Mr. Ayodhya Prasad, Ms. Ruchika Prasad, Ms. Kavya Agarwal, Ms. Chanya Jaitly, Advocates
Title: KISMATUN v. STATE OF NCT OF DELHI THROUGH HOME DEPARTMENT & ORS.