New Delhi: A Delhi court in its order on said that the police officials of the city have miserably failed in their statutory duties in the Northeast Delhi violence case.
Additional Sessions Judge Vinod Yadav has sent an order to the Commissioner of Police "for bringing to his notice" the level of investigation and supervision in the case.
Judge asked the Commissioner to take remedial action. The court also imposed a fine of Rs 25,0000 on Bhajanpura police station's Station House Officer and his supervising officers, reported The Indian Express.
The court said the police did not follow the rules laid out by the High Court, and the FIR is written in a "most casual, callous and farcical manner". The judge also pointed out that no investigation has apparently been conducted against the named accused Naresh Gaur.
The court was addressing a petition by Delhi police against an order directing to register an FIR on a Ghonda resident's complaint alleging that he suffered a gunshot injury in an eye during the riot. However, the judge dismissed the petition.
"I have not been able to persuade myself about the efficacy and fairness of the investigation carried out in the matter," said Judge Yadav's order.
After the Northeast Delhi violence, a Metropolitan Magistrate (MM) had ordered Delhi Police to register an FIR on Mohammad Nasir's complaint within 24 hours in October 2020. Nasir in his complaint filed on March 19 said that he suffered an eye injury after a gunshot on February 24.
The judge clarified that when two separate complaints disclosing cognizable offences are filed by two different complainants, there are no provisions under which they can be clubbed. The court order read that the grievance of the respondent is analyzed, then it would be clearly apparent that the respondent had set out a "counter version" and the same was not covered within the principle of "sameness".
Nasir had named Naresh Tyagi, Subhash Tyagi, Uttam Tyagi, Sushil, Naresh Gaur, and others in the case. But no FIR was registered, upon which he moved to the court.
The police responded by saying that another FIR had already been registered regarding the riot in which seven people including Nasir had suffered gunshot injuries. The Delhi police also said that three of the accused were not present at the relevant location at the given time.
Nasir's counsel argued that the FIR registered by the police does not address his grievance and a separate FIR is required in view of the law laid down by the Supreme Court.
ASJ Yadav said that the FIR mentioned by Delhi police was registered on February 23 and is in respect of Mohanpur, Maujpur. The incident involving Nasir took place on February 24 at North Gonda. He added that the defence of the accused in the case has been sought to be created by the police in a different FIR.
The court also said that the police arrested two persons on March 17 - Salman and Sameer Saifi on the basis of secret information that they caused damage to the life and property of Hindus. The judge pointed out that the name of any Hindu victim has not been mentioned and the area is dominated by Hindus, said The Indian Express report.
The court stated that the case diaries have not been maintained in accordance with the law and pointed out that the entry of June 16, 2020, mentions that "no eye witness could be found' traced in the matter despite the MLC of the respondent (Nasir) clearly showing his address.