THE DELHI RIOTS INVESTIGATIONS
The investigations into the riots in Delhi in late February this year took a significant turn this week, with both the state government and a fact-finding report by the Delhi Minorities Commission accusing the Delhi Police of “bias” in its investigations and “complicity” in the violence. The report, by a nine-member panel headed by Supreme Court lawyer M.R. Shamshad, is the first by a government-authorised agency on the riots, in which 53 people were killed and property worth hundreds of crores destroyed over three days. “This is just an abject failure of the law and order machinery in the capital. Investigations were purposefully misdirected to change the narrative on the cause of the violence,” says Shamshad.
Meanwhile, on July 28, the Aam Aadmi Party (AAP) government rejected the panel of lawyers proposed by the police for riots cases, which means another run-in with Lt. Governor Anil Baijal. The government statement highlighted the “allegations of bias” and “Justice Suresh Mehta’s comments in the high court about the Delhi Police taking the entire judicial system for a ride in the riots cases”.
The courts too have made observations critical of the investigations. On July 24, a Delhi court took note of the Delhi Police’s “state of inscrutable indolence” while requesting it to ensure fair investigation in one of the cases. Judge Dharmender Rana’s request came even as he extended the judicial custody of the Pinjra Tod (Break the Cage) activists and others till August 14.
Among the 1,400-odd people who have been arrested in the riots cases are these feminist student activists, a suspended AAP councillor, other student activists of the Jamia Millia Islamia University and a Sikh man who arranged food for the protesters in southeast Delhi’s Shaheen Bagh—the epicentre of nationwide anti-CAA (Citizenship (Amendment) Act) demonstrations that started in December 2019 and which the Delhi Police contend sparked the riots.
On February 27, barely a day after the worst of the riots had got over, the Delhi High Court directed the police to register FIRs against those who made hate speeches inciting the people. The court also played clips of speeches made by ex-MLA Kapil Mishra and BJP members of Parliament Anurag Thakur and Parvesh Singh Verma. Months passed and on July 13, the Delhi Police informed the high court that “no actionable evidence has surfaced yet indicating any role being played by” any prominent political leader in “instigating and/ or participating in the riots”. The police also told the court that “no involvement of any police officials has been found” so far.
The case involving police officers caught in a video beating people and demanding that they sing the national anthem to prove their patriotism also seems to have hit a wall. Mohammed Faizan, 23, one of the victims, later succumbed to his injuries. Five months on, the Delhi Police last week informed a city court that the four video clips were on record and that “efforts were on to identify the men in uniform involved”.
Rejecting all charges of running a biased investigation, the police point out that as many as 750 FIRs and 200 chargesheets have been filed, and 1,430 people arrested (as of July 11) in these cases. “Investigations are ongoing; there is no question of a bias towards any community. We have filed cases based on complaints from both communities,” Delhi Police spokesperson M.S. Randhawa told india today.
AAP leader and Rajya Sabha MP Sanjay Singh has been one of the few vocal critics of the probe, calling the riots “engineered” and part of a “deep conspiracy”. “I have maintained this from day one and have said it in Parliament too—the BJP organised the riots. And the police, which comes under the Union ministry of home affairs, did not take any action,” Singh told reporters on July 19. Chief Minister Arvind Kejriwal was diplomatic: “This is wrong if there is a bias [in the investigation]. All those found guilty should be punished.” ■
In its defence, the Delhi Police points to the 750 FIRs and 200 chargesheets filed, and the 1,430 people arrested