The Delhi High Court has made a significant decision regarding the investigation of a youth's death during the North East Delhi riots. On Tuesday, the court allowed a petition filed by a woman, Kismatun, who sought a Special Investigation Team (SIT) probe into her son's death. The court has transferred the investigation from the Delhi Police to the Central Bureau of Investigation (CBI).
The tragic incident occurred in the Kardampuri area under Police Station Jyoti Nagar during the Delhi riots in 2020. The initial FIR was registered by Delhi Police in February 2020. Kismatun's son, Faizan, was allegedly beaten by police officers. A viral video showed the police forcing him and others, who were in a precarious health condition, to sing the national anthem after the assault.
Justice Anup Jairam Bhambhani, who presided over the case, decided in favour of Kismatun’s petition. The court found the need for an impartial and thorough investigation by the CBI to ensure justice. The decision came after the court reserved its order following the submissions from the counsel for the petitioner and Special Public Prosecutor (SPP) Amit Prasad.
The court was informed of the statement of Mohd. Waseem, a key witness, was recorded on May 12, 2023, by the Metropolitan Magistrate under Section 164 of the CrPC. Waseem’s testimony is crucial as it details the events that led to the death of Faizan and the involvement of the police.
During the riots, five men were reportedly beaten by the police and forced to sing the national anthem. Faizan succumbed to his injuries shortly after the incident. His mother, Kismatun, moved to the High Court seeking a court-monitored SIT probe into the circumstances surrounding her son's death. She alleged that Faizan was initially beaten in the Kardampuri area and then taken into illegal detention at Jyoti Nagar Police Station.
The petition argued for a high-level investigation into the conduct of the police officers involved. Advocate Grover, representing Kismatun, pointed out that despite clear evidence, the Delhi Police’s SIT had not adequately investigated the role of the SHO of the concerned police station. Grover questioned whether there was a different standard of accountability when the accused are in uniform, implying a possible bias in the investigation.
The High Court's decision to transfer the case to the CBI reflects the gravity of the allegations and the need for an unbiased investigation. This move aims to ensure that the investigation is conducted fairly and that those responsible for the misconduct are held accountable. The involvement of the CBI is expected to bring more credibility to the investigation, providing hope for justice to the family of the deceased.
This case highlights the ongoing concerns about police conduct during the North East Delhi riots and the need for rigorous oversight to prevent abuse of power. The court's intervention is a crucial step in addressing these concerns and ensuring that the truth is uncovered.
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