"Without Investigation How Police Can Claim That Allegations Are False": Delhi Court Orders FIR On Allegation Of Killing Burqa Wearing Women During Riots

The Metropolitan Magistrate Rakesh Kumar was hearing an application filed under Section 156 (3) Cr. P.C. by the complainant alleging that on 24.02.2020, communal violence took place wherein some members of a particular community had been brutally injured and also killed.

Allegations made in the Application

The Complainant submitted that the bodies of deceased were thrown into the Bhagirathi Vihar Nala and genocide with open loot with arson also took place all the night and the complainant has witnessed the same and locked himself with family inside his house.

It was also stated by the applicant that on February 25, a mob of 200 people came to his house and broke the gate and looted his shop. His motorcycles were dragged out on the road and set ablaze.

He also submitted that a large trunk containing his daughter-in-law's jewellery and other personal items related to her marriage were also looted by the mob.

However, when he tried to register an FIR related to the said crime of murder, he was told that another FIR was registered at Gokalpuri police station on the complaint of one Aas Mohammad (for theft), who was also a victim of unnamed rioters and theft (FIR No. 78/2020 of PS Gokalpuri).

Notably, the police had registered a case of theft on the complaint by Aas Mohammad. It was unconnected to the alleged murders of burqa-clad women. The Complaint of Nisar Ahmed was clubbed with this FIR.

The Counsel for applicant prayed for direction of the court under Section 156(3) Cr. P.C. to the police for lodging separate FIR on the basis of the complaint.

On the other hand, Investigating Officer stated in his reply that allegation of the complainant regarding the killing of any burqa wearing women and their dead bodies were thrown into Bhagirathi Vihar Nala are false and baseless.

Court's Analysis

The Court was of the views that its judicial consideration, at the present stage, was confined to consider the legal justification of the complainant to insist for separate FIR by the police on the basis of information given in the present complaint disclosing commission of various cognizable offences, which are different from the allegation of the complainant of another case bearing FIR No. 78/2020 of PS Gokalpuri in terms of place, time and effect of the alleged crime.

The Court further remarked,

"However, the court fails to appreciate as to how the police could even claim that the allegation of the applicant as to he had seen from his house that some burqa-wearing women or looking alike Muslim women were killed with swords and their dead bodies were thrown into Bhagirathi Nala of a given area are false and without any evidence before conducting any thorough and proper investigation known to the law, of which FIR is commencing point under the given scheme of Cr.P.C."

The Court also said that in case police finds that the information given by the complainant was false and motivated against any innocent person with malafide intention after proper investigation; such a complainant may be taken to the task of law for such unlawful misdeed/commission/omission.

Lastly, the court was of the considered view that police should register FIR under appropriate provisions of the law on the basis of information given by the complainant as same reveals commission of some serious cognizable offences which can be investigated properly by the investigating agency of the State only.

Accordingly, SHO, PS concerned was directed to lodge FIR within five days from receiving a copy of the order and get the matter investigated properly as per law and expeditiously in view of nature of the allegation in question.

With the above observations, the application of complainant under Section 156(3) Cr.P.C. stood disposed of.

Advocate M. R. Shamshad appeared for Complainant Nisar Ahmed.