'Police Officials Engaged In Hate Crime' : Court Orders FIR Against SHO In Forceful National Anthem Singing Case During Delhi Riots

A Delhi Court has recently ordered registration of FIR against the SHO(Station House Officer) of Jyoti Nagar police station on a complaint filed by a man claiming to be part of a group of men who were forced to sing Vande Mataram and the National Anthem during the 2020 North-East Delhi riots.

Judicial Magistrate First Class Udbhav Kumar Jain of Karkardooma Courts ordered that FIR be registered against the SHO for the offences under Section 295A (deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs), 323 (voluntarily causing hurt), 342 (wrongful confinement) and 506 (criminal intimidation) of the Indian Penal Code, 1860.

“Current SHO is directed to depute a responsible officer not below the rank of Inspector to conduct investigation in the present matter and role of other unknown police officials involved in the commission of alleged offences can be ascertained during investigation,” the Court said.

The judge disposed of the complaint filed by Mohd. Wasim, who was a minor at the time of incident. 

The incident relates to a video that had gone viral on social media wherein a group of men was seen allegedly being beaten by the police while being forced to sing national anthem and Vande Mataram.

In August last year, the Delhi High Court has transferred to the CBI investigation into the death of 23 year-old Faizan who was part of the group. It was alleged that Faizan died due to custodial torture by policemen in Jyoti Nagar police station.

In his complaint, Wasim alleged that on February 24, 2020, he identified BJP leader Kapil Mishra who was allegedly leading an unlawful assembly. He alleged that had fired gun-shots at the protestors.

As per the complaint, Wasim tried to escape but a policeman caught him and started beating him. It was alleged that the personnel of Delhi Police were fully supporting Mishra and his associates.

Wasim alleged that four policemen picked him and threw him at a place where other injured people were lying already. According to the complaint, the policemen started beating them and asked them to sing national anthem and also made them chant slogans of “Jai Shri Ram” and “Vande Mataram, etc.”

Wasim further alleged that all the injured persons were dumped into the vehicle of the SHO and they were taken to GTB hospital.

The complaint alleged that after some time, Wasim and one other man were taken to Jyoti Nagar police station. Later, Faizan, who later died after allegedly being beaten up by the police in custody, was also brought to the police station.

It was further alleged that the SHO came in the lockup and started kicking them. As per the complaint, Wasim was handed over to his father after half an hour. It was Wasim's case that two days later he was called to the police station where the policemen told him to tell everyone that the SHO had saved his life and that the police did not give them any trouble.

A complaint was sent by Wasim in July 2020 seeking registration of FIR against the alleged accused persons. However, since no action was taken, he approached the Court praying that an FIR be lodged under relevant sections and to investigate the matter.

As per Delhi Police's action taken report, it was stated that the allegations against the SHO and other policemen were baseless and incorrect and that no police personnel had beaten Wasim during his stay at the police station.

Registration of FIR Against SHO

The Court observed that the ATR filed by the IO merely denied the allegations against the SHO and other cops and also failed to provide any substantive steps taken for conducting preliminary inquiry.

The judge said that the SHO and other unknown police officials engaged themselves in hate crimes against Wasim and they cannot be protected under the garb of sanction as alleged offences committed by them cannot be said to have been committed while acting or purporting to act in the discharge if their official duty.

“Thus, FIR be registered under sections 295-A/323/342/506 IPC against the SHO PS Jyoti Nagar (Mr. Tomar) who was holding the said post in February-March 2020,” the Court concluded.

Click here to read order

Also Read - Delhi Riots | Police Either Failed To Make Enquiry Against Kapil Mishra Or Tried To Cover Up Allegations : Court