"Don't Push Me To Write An Order, It's Your Responsibility": Delhi Court Warns Police Over Non Preparedness In Appearing In A Riots Case

A Delhi Court on Monday warned an Investigating Officer of the Delhi Police over his non-preparedness in appearing in a case relating to the North East Delhi riots.

Stating that it is the responsibility of the IO to come prepared before the Court, Additional Sessions Judge Amitabh Rawat objected to the delay done by the officer in arranging the videos and photos being relied upon by the Prosecution in the matter.

"You (investigating officer) did not even join the proceedings on time. It's not the duty of the Court. It's your responsibility. Last time also I asked you, you said you will take time. You should be prepared with everything. Such a conduct is not expected out of an IO. Don't push me to write an order. Sit somewhere where you have internet," the judge remarked orally.

The Court was hearing a bail plea filed by Mohd. Faizan in FIR 50/2020 involving offences under sec.186, 353, 283, 332, 323, 307, 427, 120B, 34 and 188 of IPC along with sec. 25 and 27 of ArmsAct and sec. 3 and 4 of Prevention of Destruction of Public Property Act.

It was argued on behalf of the Prosecution that there was a planning by the rioters to spread the riots on the basis of one particular religion and that the accused person was specifically seen in the CCTV footage carrying a danda in his hand.

Prosecutor Rajeev Krishan Sharma also submitted that the rioters were pelting stones on the policemen with an intent to deliberately attack them.

"They are pelting stones at police officers with a strong intent to cause loss. They were well aware of the consequences of their actions," he submitted.

On the other hand, Advocate Ashu Kumar Sharma appearing for Mohd Faizan submitted that the main conspirators as alleged by the Prosecution in the FIR were Natasha Narwal and Devangana Kalita who had been granted bail by the High Court in the matter.

"Total 5 accused were granted bail. As far as the role of Investigating Agency is concerned, without going into the material that they have collected during Investigation, they added highest gravest offence in the chargesheet so that the same is tried in Sessions Court. There is no material regarding sec. 302 of IPC," the counsel argued.

Reliance was also placed in the recent decision of the Delhi High Court wherein bail was granted to one Suvaleen in Head Constable Ratan Lal Murder case.

After hearing the parties, the Court reserved the order on the bail plea. The order will now be pronounced on Saturday.

Recently, terming it as a 'sorry state of affairs, another judge had expressed its displeasure at the Delhi Police over no progress in investigating a riots case and non-interrogation of persons named in FIR 134/2020 registered at Gokulpuri Police Station.

Title: State v. Mohd. Faizan