A sessions court here has ordered framing of charges against two accused in a case of 2020 northeast Delhi communal riots.
It, however, rapped the Delhi Police for “incomplete investigation” of three additional complaints that were clubbed with the case, and referred the matter to the Deputy Commissioner of Police (DCP) concerned to make an appraisal of the “moonshine investigation” conducted by the Investigating Officer (IO).
Additional Sessions Judge Pulastya Pramachala was hearing a case against Firoz Khan and Mohammed Anwar, who were accused of being part of a riotous mob that committed vandalism and loot at a godown in Karawal Nagar on February 24, 2000. They were also accused of attempting to set the godown on fire.
The local police had registered an FIR on the complaint of Chhidda Lal Tomar, the owner of the godown. Three complaints filed by Mukhtiyaz Ali, Eshak and Kafil Ahmed were later clubbed the case.
The court said in a recent order there was “prima facie” evidence that the two accused were part of a riotous mob that committed various offences at Tomar’s godown.
It ordered framing charges against the duo for various offences, including rioting, unlawful assembly, theft, mischief by fire or explosive substance, house trespass and disobedience to an order duly promulgated by a public servant.
The court, however, said the probe in the three additional complaints remained incomplete.
“I find that there is no complete evidence collected by IO in respect of incidents taking place at the shops of Kafil Ahmed, Eshak and Mukhtiyaz Ali. The investigation qua these three complaints remained incomplete,” ASJ Pramachala said.
“It was very unfortunate that IO shrugged off his duty to investigate every incident professionally,” he added.
The court said clubbing the three complaints was a “questionable exercise” because there was no material to show that the incidents were the outcome of “one continuous riotous act” by the same mob.
It said on the basis of “hearsay evidence”, the court cannot presume that the properties of other complainants were also damaged at the same time by the same mob.
“Copy of the order be sent to DCP (northeast district) to make an appraisal of the moonshine investigation conducted by IO of the case in respect of additional complaints clubbed in this case and to take necessary action,” the court said.
It also directed the Station House officer (SHO) of Karawal Nagar police station to take up the complaints of Ahmed, Eshak and Ali for further investigation.
The court noted 11 complaints were initially clubbed with the case but eight of them were withdrawn. It deplored that these eight cases were, however, still not removed from the record.
“It is reminded that the complaints of the other eight complainants have not been taken back from the record of this case, which gives the impression that they have been forgotten altogether,” the court said.
“Police are under a duty to take each complaint to a logical conclusion after conducting an investigation properly and needless to say that SHO shall do the same in accordance with law,” the court added.
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