North East Delhi riots: Delhi HC transfers investigation of youth's death to CBI, says "suspects seemed to be driven by bigoted mindset"

By Dhiraj Beniwal
New Delhi [India], July 23 : The Delhi High Court on Tuesday transferred the further investigation into the murder of 23-year-old Faizan during the North East Delhi riots of 2020 to the Central Bureau of Investigation.
He along with four others was beaten up allegedly by the cops. Thereafter, he was asked to sing the national anthem. He was kept at police station Jyoti Nagar. He died after his release from the police custody.
"Without making too much of a harsh comment, this court is constrained to observe that the investigation in the present case has been tardy, sketchy, and conveniently sparing of the persons who are suspected to be involved in brutally assaulting the petitioner's son," the High Court bench said in the judgement.
It further said, "What is worse is that the suspects were entrusted to act as custodians of the law, and were in a position of power and authority, but seemed to have been driven by bigoted mindsets."
The High Court said that there is no gainsaying that what the Delhi Police have done so far is "too little, too late".
The petitioner Kismatun is the mother of deceased Faizan, who died on the intervening night of February 26, 2020 and 27.
She alleges that Faizan died at the hands of Delhi Police because of unlawful use of force and authority.
"In the present case, apart from the fact that the custodians of the law are themselves accused of having committed its breach, the perpetrators of the offence are themselves members of the agency that is investigating them," Justice Anup Jairam Bhambhani said in the judgement passed on Tuesday.
Justice Bhambhani added, "This situation does not inspire confidence. To add to this are the various anomalies and aberrations noticed in the investigation carried out by Delhi Police so far, some of which have been highlighted above."
"The question as to whether anything happened to Faizan when he was kept within the confines of P.S. Jyoti Nagar overnight and until late the next day, has remained un-acknowledged and un-addressed," the bench observed.
The bench emphasised that the issue appears to have been brushed under the carpet by the police. The Investigating Officer does not appear to have recorded the statement of any independent person about Faizan's medical condition and how he was treated while in detention at the police station.
"Even assuming that there was no custodial violence, the very fact that the police kept Faizan at the police station when he was evidently in need of critical medical care itself smacks of criminal neglect of duty, if not something worse," the bench said.
The High Court pointed out that conducting sophisticated forensic tests on police officers who were on duty at P.S. Jyoti Nagar at this late stage more than four years after the date of the incident, when these police officers clearly ought to have been persons of interest about the incident at the very inception of the investigation.
"Suffice it to say that it would not be appropriate for this court to comment any further upon the credibility of the forensic tests so conducted, at this stage, and in these proceedings," the bench said.
They noted the existence of 2-sets of video footage, one, which shows Faizan alone being encircled and beaten mercilessly by policemen; and the second, which shows several young men, including Faizan, lying in an injured state on the road near Kardampuri Pulia and the 66-foot road, and being surrounded and brutally assaulted by policemen, is not disputed.
The High Court said that even if it is assumed that Faizan and the other young men had sustained some injuries earlier on during rioting, several policemen present at the spot are seen surrounding, dragging, kicking and striking blows on Faizan and the other young men with batons/lathis; abusing them; and ordering them to sing the National Anthem while they are lying seriously injured and helpless on the roadside.
"All this has admittedly happened on February 24, 2020. However, the Crime Branch of Delhi Police examined the petitioner for the first time only on March 18, 2020. More than four and a half years have elapsed since. However, not even one of the policemen involved in the abuse and assault has been conclusively identified in the course of the investigation so far," the bench noted.
It further noted that though now the Investigating Officer informs the court that they have identified a head constable and a constable who were present at the spot, as possible suspects, it is their case that the said two policemen have given deceptive responses in their polygraph tests, though their voice samples have matched the recording in the available video-footage.
"The perpetrators of the crime are therefore still at large, though they are all members of the police force in Delhi," Justice Bhambhani said in the judgement.
The bench after considering all the facts the High Court allowed the petition seeking transfer of the case from SIT of Crime Branch Delhi police.
"In the opinion of this court, transfer of investigation is necessitated in the present case, to guard the credibility of the investigation and to instil confidence in the victims as to the fairness of the process, if for no other reason," the bench held.
The bench directed, "In the circumstances, this court is persuaded to dispose of the petition, by directing that investigation in case FIR No. 75/2020 dated February 28, 2020, registered at P.S. Bhajanpura under sections 147, 148, 149 and 302 of the Indian Penal Code, 1860 shall forthwith stand transferred to the Central Bureau of Investigation, New Delhi (CBI) for further investigation, by law."
It also directed that the CBI would be entitled to add to the FIR any other offence(s) as may be found to be made-out in the case.
The High Court directed the Investigating Officer to transfer all records, including all material and evidence collected and all statements recorded in the case so far, to the Director, CBI, New Delhi within 07 days.
However, on the request of Special public prosecutor (SPP) Amit Prasad the time for transfer was extended to 14 days. The bench refused to keep the order in abeyance.
The High Court also directed the Director, CBI to assign the matter to an appropriate officer for expeditious further investigation, in accordance with law, the bench directed.
The petitioner had moved a petition before Delhi High Court through Advocate Vrinda Grover along with Soutik Bannerjee seeking a direction for court monitored SIT probe.