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Judicial Magistrate First Class Udbhav Kumar Jain held that the, “police officials engaged themselves in hate crimes against the complainant/victim 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”.
The Karkardooma Court, recently, directed an investigation into allegations of hate crimes committed by police officials during the 2020 riots. The order follows claims that several Muslim men were assaulted by police officers and forced to sing the national anthem amid the communal violence.
A complaint was filed by Mohd. Waseem on February 24, 2020, stated that when he left his home in search of his mother, he witnessed BJP leader Kapil Mishra leading an unlawful assembly and firing at protestors. The police then began firing tear gas, causing dense smoke. As Waseem attempted to flee, he allegedly saw policemen supporting Mishra and others.
Subsequently, police officers, under the direction of the SHO, allegedly detained Waseem and several others, beat them, and forced them to chant ‘Jai Shri Ram’ and ‘Vande Mataram’. The incident was captured on video by police personnel.
The SHO allegedly pressured Waseem and his father to sign documents with contents they had not written and to make statements to the media under his instructions, which they did out of fear. Waseem later sent an email complaint to senior police officials and the National Human Rights Commission of India (NHRC), but no action was taken. As a result, he approached the Court, requesting an investigation under Section 156(3) of the Criminal Procedure Code.
The court noted that the Action Taken Report (ATR) only denied the complainant’s allegations without addressing the need for a preliminary inquiry. The ATR failed to mention the CCTV footage of the incident, which the investigating officer (IO) should have reviewed. Additionally, the ATR did not address allegations against a former Member of the Legislative Assembly (MLA).
The court further noted that the police officers were involved in hate crimes against the complainant, for which no prosecution sanction was required. It noted that these offences could not be defended under the guise of official duty.
The court concluded that the IO appeared more focused on protecting police officers and either failed to investigate the former MLA or attempted to cover up the allegations. It directed that the complainant approach an MP/MLA Court regarding the MLA’s involvement.
The court, therefore, instructed the current SHO to oversee an investigation and determine the involvement of other police officers. The investigation was to be conducted by an officer, not below the rank of Inspector.
Previously, in July 2024, the Delhi High Court directed the Central Bureau of Investigation (CBI) to investigate the death of a 23-year-old who had been brutally beaten by the police and coerced into singing ‘Vande Mataram’ during the 2020 North-East Delhi riots.
Case Title: Mohd. Waseem v State (CT Case No. 2578/2020)
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