[2020 Northeast Riots] Delhi HC Reserves Verdict in Plea For Probe Into Death Of Man Forced To Sing Vande Mataram

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Synopsis

The mother of the deceased approached the court arguing that a thorough investigation into her son's death could no longer be delayed. She also informed the court that her son's death was a ‘hate crime and custodial murder’, asserting that he was ‘targeted for his religion’.

The Delhi High Court, on Friday, reserved its verdict on a plea filed by the mother of Faizan, a 23-year-old who was brutally beaten by the police and forced to sing ‘Vande Mataram’ during the 2020 North-East Delhi riots, seeking an SIT investigation into his death. The mother argued that the Delhi Police had unlawfully detained Faizan and deprived him of essential medical care, resulting in his death on February 26, 2020.

The bench of Justice Anup Jairam Bhambhani presided over the case and reserved the judgment. 

A video of the incident emerged on February 25, 2020, showing five men, including Faizan, suffering on the ground while security personnel allegedly instructed them to sing the national anthem and occasionally struck them with batons. Faizan died in a hospital on February 26, 2020, one day after being released from a police station where he had been taken following the alleged assault.

The then Deputy Commissioner of Police, Rajesh Deo, who led the investigation discussed the case with Delhi Police Commissioner Sanjay Arora. Following consultations and legal advice, it was decided to initiate departmental inquiries against two officers for not assisting the investigation team and to transfer them to a common unit for the inquiry. This constituted the first action taken against police personnel in the case.

In April 2024, Faizan’s mother, Kismatun, filed a plea in the Delhi High Court seeking a thorough investigation into his death without further delay. In an ‘in-chamber’ hearing, she also requested a court-monitored Special Investigation Team (SIT) probe.

Case Title: Kismatun v. State