A Delhi sessions court has stayed a magistrate court's order for the registration of an FIR against the Station House Officer (SHO) and other police officers in connection with alleged hate crimes during the 2020 Delhi riots.
The SHO had approached the Karkardooma sessions court to challenge the magistrate's order, which was issued on January 18, 2024.
Additional Sessions Judge (ASJ) Sameer Bajpai granted a stay on the magistrate court's decision, reasoning that the sanction for filing the FIR had not been obtained, as the revisionist (SHO) held a senior position.
ASJ Bajpai also noted that if the order was allowed to stand, it would undermine the purpose of the petition. After reviewing the case and hearing arguments from the parties involved, the court decided to stay the execution of the impugned order, which was passed in January 2025.
The case highlights the legal intricacies involved in the investigation of alleged crimes committed during the Delhi riots.
The decision came after Advocate Sanjay Gupta, representing Salender Tomar (the SHO), argued that the January 18 order to register an FIR under various sections of the Indian Penal Code (IPC) was flawed and illegal.
He contended that the case amounted to "double jeopardy," as another FIR had already been filed regarding the same incident at Bhajanpura Police Station. According to Gupta, having multiple FIRs for the same incident was legally untenable.
The complaint that led to the magistrate's order was filed by Mohd. Waseem, who accused the police of abuse and violence during the riots. Waseem alleged that, while attempting to escape from a riotous area, he was physically assaulted by the police under the direction of the SHO of Jyoti Nagar Police Station.
Waseem claimed that the police officers not only beat him but also forced him to sing the national anthem and chant religious slogans such as "Jai Shri Ram" and "Vande Mataram." He further alleged that the beating resulted in the death of a man named Faizan, a claim which became central to the legal battle.
In July 2024, the Delhi High Court had ordered the CBI to investigate the matter thoroughly, including the role of police officers involved in the incident.
The trial court's order to register an additional FIR was challenged on the grounds that the case was already under investigation by the CBI, rendering the trial court's order unnecessary and premature.
The original order for the FIR was passed by Judicial Magistrate First Class Udhbhav Kumar Jain, who determined that the police officers involved in the alleged hate crime could not claim protection under official duty, as the alleged offences were unrelated to their professional responsibilities.
The magistrate's decision, made on January 18, 2024, directed the registration of an FIR under sections 295-A (deliberate and malicious insult of a religion or religious belief), 323 (causing harm), 342 (wrongful confinement), and 506 (criminal intimidation) of the IPC.
This order specifically targeted the then SHO of Jyoti Nagar Police Station, Salender Tomar, who held the position during the riots in February and March of 2020.
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