By Syed Khalique Ahmed
NEW DELHI: In a significant development, the Delhi High Court has ordered a CBI investigation into the death of 23-year-old Faizan, who died during the March 2020 Delhi riots. Faizan’s mother, Kismatun, expressed hope for justice following the court’s decision.
The court severely criticized the conduct of certain police officers, describing them as “driven by bigoted mindsets.” It also referred to a report by the Delhi Minorities Commission, which indicated that “victims themselves were arrested, especially when they filed or attempted to file complaints.”
The court order running into 38 pages was issued in response to a petition by Faizan’s mother, who claimed that the police illegally detained her son and denied him medical care, leading to his death. The court highlighted two sets of video footage. The first shows Faizan alone, encircled and mercilessly being beaten by policemen and the latter asking him to sing the national anthem and Vande Mataram. The second shows several young men, including Faizan, lying injured on the road near Kardampuri Pulia and the 66-Foota Road, surrounded and brutally assaulted by policemen. The court also stated that “several policemen present at the scene are clearly seen surrounding, dragging, kicking, and striking Faizan and the other young men with batons/lathis, abusing them, and ordering them to sing the national anthem while they lie seriously injured and helpless on the roadside.”
Justice Anup Jairam Bhambhani, who delivered the verdict, criticized the Delhi Police’s “tardy” investigation into the allegations against its personnel.
The court noted the severity of hate crimes committed by those in uniform, referring to a 2014 report by senior police officials from Maharashtra, Uttar Pradesh, and Tamil Nadu, which indicated that minorities often perceive the police as biased towards the majority community.
The court observed that by “conveniently sparing the persons involved in the brutal attack” on Faizan, the Delhi Police might have reinforced such distrust. The judge expressed dismay that, despite the passage of four and a half years, the police had failed to identify the officers involved in Faizan’s murder.
Justice Bhambhani stated, “The investigation in the present case has evidently been tardy, sketchy, and conveniently sparing of the persons who are suspected to be involved in brutally assaulting the petitioner’s son.” He emphasized that “the case involves gross violations of human rights, driven by religious bigotry, amounting to a hate crime.”
The justice Bhambhani observed that the perpetrators of the crime are still absconding though they are all members of the police force.
“In the present case, apart from the fact that the custodians of the law are themselves accused of having committed its breach, the perpetrators of the offence are themselves members of the agency that is investigating them. This situation does not inspire confidence,” the High Court added.
“What is worse is that the suspects were entrusted to act as custodians of the law, and were in a position of power and authority, but seemed to have been driven by bigoted mindsets,” the judge said further.
The judge further said that mob vigilantism and violence remain abhorrent regardless of who commits the acts, and they become even more egregious when perpetrated by law enforcement officers. When individuals in uniform engage in hate crimes, the severity of the wrongdoing is significantly intensified.
The court noted that no investigation was conducted regarding the events at Jyoti Nagar police station after Faizan was taken there from Guru Teg Bahadur Hospital (GTB) Hospital. It also questioned the rationale behind keeping Faizan at the police station for his own safety, especially when the police were already overwhelmed due to the ongoing riots.
The court criticized the police for claiming that all CCTV cameras at the station were malfunctioning during this critical period, resulting in a lack of footage to show the condition of any individuals present. It emphasized that the question of whether anything happened to Faizan while he was held at the Jyoti Nagar police station overnight and into the next day has been ignored and unaddressed. This issue, according to the court, appears to have been conveniently overlooked by the police.
Following the riots, Home Minister Amit Shah had assured the Rajya Sabha that the government would hold all perpetrators accountable. However, the court noted that “even after four-and-a-half years, the perpetrators of the crime” remain at large. The question now is whether the Home Minister will heed the court’s comments and ensure that Faizan’s mother and others like her receive justice.
