2020 Delhi riots accused, victims not challenging probe but outsiders moving court: HC

New Delhi, Dec 11 (PTI) The Delhi High Court on Thursday observed that neither the accused nor the victims of the 2020 North East Delhi riots have come forward challenging the chargesheets filed by the Delhi Police or for re-investigation in the case, instead outsiders are seeking the relief.

The high court’s observation was made while hearing a batch of petitions seeking directions for setting up a special investigation team (SIT), commission of inquiry or a fact-finding committee, medical treatment, grant of compensation and registration of FIRs against the erring police officers.

"Persons against whom the charge sheets have been filed have not come to the court saying that the investigation is bad and it be reinvestigated. Neither the victims have come. It is the outsiders who are coming and making such prayers," a bench of Justices Vivek Chaudhary and Manoj Jain said.

The court listed the matter for further arguments on December 15.

The bench further asked the petitioners why they have not approached the magisterial court in the last over five years with their prayer for investigation by another agency or reinvestigation.

While hearing submissions on behalf of one of the petitioners, Jamiat Ulama-I-Hind, the court asked the lawyer if he had ever approached the police, saying that he had some material with him or evidence to show that the top brass of the police is not reliable or partial.

"Show us that the police is partial. No victim has come forward and said so. What was your contribution in the investigation? Tell us under which law we can take these news reports as evidence," the bench told the lawyer.

To this, the lawyer responded that whatever evidence was available to him, he had filed along with his petition, including news reports and the minority commission's report.

The court also asked the petitioners why they don't approach the Supreme Court, which is seized of a similar matter.

The high court said since a petition seeking similar relief on the basis of the same material is already pending in the top court, there is no need for holding two hearings in two different courts.

Jamiat Ulama-I-Hind has sought the formation of an SIT for an independent probe into the riots.

A communal clash broke out in north-east Delhi on February 24, 2020, amid citizenship law protests, leaving at least 53 people dead and around 700 injured.

Several petitions are pending in the high court in relation to the riots.

Petitions have been made demanding that political leaders be booked for alleged hate speeches, and the formation of a special investigation team to probe the violence and FIRs against police officers.

Petitioner Ajay Gautam has prayed for an NIA probe under the anti-terror law UAPA to find out the "anti-national forces" behind the agitation against the Citizenship (Amendment) Act, 2019.

A public interest litigation by Shaikh Mujtaba Farooq has sought FIRs against BJP leaders Anurag Thakur, Kapil Mishra, Parvesh Verma, and Abhay Verma for allegedly making hate speeches before the violence erupted in the area.

Lawyers Voice has sought police action against Congress leaders Sonia Gandhi, Rahul Gandhi, and Priyanka Gandhi Vadra, as well as former deputy chief minister Manish Sisodia, Aam Aadmi Party MLA Amanatullah Khan, AIMIM leader Akbaruddin Owaisi, former AIMIM MLA Warris Pathan, Mehmood Pracha, Harsh Mander, Mufti Mohammad Ismail, Swara Bhasker, Umar Khalid, former Bombay High Court judge BG Kolse Patil and others.

The police earlier said they had already created three SITs under the crime branch, and there was no evidence yet that their officers were involved in the violence or that political leaders instigated or participated in it.

They had said that their investigation prima facie revealed that it was not a case of any sporadic or spontaneous violence, but a well thought-out "conspiracy to destabilise the harmony in the society." Authorities acted promptly, vigilantly, and effectively without any fear or favour and in a professional manner to control the law and order situation in the affected areas and to save life and property during the riots, the police claimed.

They had told the high court that they had registered 757 FIRs in connection with the riots and that investigation was pending in 273 cases and trial was pending in 250.

The Supreme Court, in an order of December 2021, had requested the high court to dispose of expeditiously, preferably within three months, a plea seeking registration of FIRs against politicians accused of making hate speeches, which purportedly led to the riots. PTI SKV SKV AMJ AMJ