Statement Of Youth Beaten & Forced To Sing Vande Mataram During Riots Be Recorded Before Magistrate: Delhi High Court

The Delhi High Court on Monday ordered that statement of a man, who was one of five men who were forced to sing Vande Mataram during the 2020 North-East Delhi riots, be recorded before the concerned Magistrate under Section 164 of CrPC within one week.

Justice Anup Jairam Bhambhani said that Mohd. Wasim, who was a minor when the incident happened, be produced before the Magistrate for recording of his statement.

Wasim moved an intervention application in a pending petition moved by Kismatun, mother of 23 year-old Faizan who died after allegedly being beaten up by the police in custody. She is seeking a court monitored SIT probe into her son’s death.

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 including Wasim, while being forced to sing Vande Mataram.

Delhi police had illegally detained Faizan and denied him critical health care as a result of which he succumbed to injuries on February 26, 2020, his family alleges. He 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.

Appearing for Wasim, Advocate Mehmood Pracha submitted that the intervention application is premised on the fact that Wasim is an eye witness to the entire incident, including what transpired with Faizan at Jyoti Nagar police station.

On the other hand, Special Public Prosecutor Amit Prasad appearing for Delhi Police submitted that Wasim has not cooperated in recording of his statement under sSection 164 of CrPC before the Magistrate, despite being repeatedly asked to do so.

However, the stand was disputed by Pracha who submitted that Wasim is ready and willing for recording of the statement.

“Let the applicant be produced before the Magistrate and statement under section 164 of CrPC be recorded within one week. Let a copy be placed on record before the next date of hearing,” the court said.

On the other hand, Advocate Vrinda Grover, who represents Kismatun, contended that the SHO and other police officials of Jyoti Nagar police station are yet to be interrogated or even brought in the zone of suspicion.

“It has been my case from the beginning that there are two sets of police teams that are responsible for the custodial death of my son. One is the first who assaulted me, second is the one who kept me in custody and further assaulted me, denied me emergency medical treatment when I’m in custody... The men at the police station who were on duty from the night of February 24 to the night of February 25 is a matter of public record. That set of policemen are not even in the zone of suspicion. The SHO is forging the official records. No other policeman is in the zone of interrogation,” Grover submitted.

Grover further submitted that it is an admitted case of the Delhi Police that Faizan was not involved in rioting and prayed that a fair and just investigation must be conducted into his death by a SIT constituted by the court.

“There is no arrest of people who are known. What faith can the petitioner have in this process anymore? And without intervention of the constitutional court…there is no bleak chance of justice,” she sad.

The matter will now be heard on May 30.

Earlier, Kismatun had contended that her son’s death is a “hate crime and custodial murder” and that he was “targeted for his religion.”

Kismatun is represented by Advocates Vrinda Grover and Soutik Banerjee.

Title: Kismatun v. State

Citation: 2023 LiveLaw (Del) 381