[Delhi Riots] Delhi Court Questions Police Over Non Maintenance Of Investigation File in Madina Masjid Vandalism Probe, Calls For Status Report

A Delhi Court on Thursday was surprised over the non maintenance of investigation file especially the case diaries and witnesses statements recorded probably after the last date of hearing in relation to the alleged burning of the Madina Masjid during the north-east Delhi riots that broke in February last year.

Additional Sessions Judge Vinod Yadav asked the police to file a status report in the matter and bring the original record (daily diaries) of the complaint related to Madina Masjid burning before the Court on the next date of hearing i.e. 7th April 2021.

"I have gone through the said file as well as the case diaries. I have today signed all the case diaries. The case diaries have not been maintained in terms of section 172 Cr.PC. The bound volume, as mandated by Cr.PC has not been maintained." The Court observed.

The development came after the Court on the previous date of hearing pulled up the Delhi Police for the "apparent absurdity" in clubbing a complaint about alleged burning of a man's house during the riots with another complaint, thereby arresting him in the same matter, making him both a complainant and an accused at the same time. In view of this, the Court asked the Police to submit a status report of investigation on the next date of hearing.

In the hearing before the Court yesterday, the Court after observing that the case diaries were not maintained in terms of sec. 172 of the CrPC, also went ahead to observe that the statements of witnesses, recorded probably last minute, did not bear digital signatures even after being recorded on computer thereby making it impossible for the Court to ascertain if they were recorded on the date as mentioned by the IO.

"The statements of witnesses have probably been recorded after 17.03.2021, i.e.the last date of hearing. As the said statements appear to have been recorded on computer and are digital documents, but the same bear physical signatures of the IO rather than the digital signatures because of which it is not possible to ascertain as to whether the same were recorded on the date mentioned against the signatures of IO. " The Court observed at the putset.

Special Public Prosecutor Nitin Rai Sharma informed the Court that the investigation in the matter is in progress and that appropriate steps shall be taken against the accused persons.

In view of this, the Court ordered the Police to place original record (Daily diary entries) in the Court on the next date of hearing. The Court also asked to SHO and IO of the case to remain present in court on the next date of hearing.

The Court had in February directed the Delhi Police to register FIR into the alleged incident of burning and desecration of Madina Mosque, Shiv Vihar during the Delhi riots last year.

The order came on an application filed by Advocate M.R. Shamshad under sec. 156(3) of Cr.P.C. which empowers a Magistrate to order investigation into cognizable cases.

According to the complaint, around 20 to 25 people had gathered on 25th February 2020 at about 6 PM in the Madina Masjid Gali armed with lathies, sticks, acid, rods and petrol bottles. Thereafter, the accused persons started breaking the mosque and destroyed the premises by putting it on fire with the help of an explosion done through two LPG cylinders.

The complaint mentions that on 26th February 2020, one of the accused had allegedly climbed on the top of the Masjid and chanted Jai Shree Ram followed by hoisting of Saffron Flag over the Masjid.

With PTI Inputs

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