3 injuries prior to police custody, 20 after: HC slams Faizan death probe

New Delhi: Noting that the medical reports and post mortem reports of 23-year-old Faizan showed considerable injuries inflicted upon him after he was taken into police custody and before his death, the Delhi High Court on Tuesday lambasted the Delhi Police over its status report in the case related to the five young Muslim men who were seen being beaten up and asked to recite the national anthem by police personnel during the north-east Delhi riots in February 2020.

Significantly, Justice Mukta Gupta of the Delhi High Court also raised questions on why the Delhi Police was yet to record the statements of the four other victims (eyewitnesses to the police excesses) under Section 164 of the CrPC before a magistrate.

The court's observations came while it was hearing a petition from Faizan's mother, Kismatun, who sought an SIT probe in the case, as per videos of which, security personnel in riots gear can be seen abusing and beating up the Muslim youth in north-east Delhi and asking them to recite the national anthem as they writhed in pain on

the street.

While the plea was filed to probe the role of police officials in Faizan's death and the torture of the other victims in the case, the police have said that they are still trying to identify the police personnel responsible for the incident. The police had filed the status report in a sealed cover despite the court not issuing any such specific directions.

Perusing the status report filed by the Delhi Police, Justice Gupta noted that Faizan had just three injuries as per his medical report at the time he was taken into police custody but his post mortem report showed that more than 20 injuries were inflicted upon him.

Faizan's mother, represented by advocate Vrinda Grover and Soutik Banerjee, claimed that the police had illegally detained her son and denied him critical health care due to which he succumbed to the injuries on February 26, 2020. The police filed a status report in a sealed cover in the court, stating that the process of identification of the guilty policemen is ongoing.

After perusing the report, the court said "it is neither here nor there and that nothing substantial has been stated in it."

The judge said that the petitioner's counsel should be allowed to peruse the status report in the court so that arguments can be addressed on the next date and listed the matter for a physical hearing on March 15.

During the hearing, the judge noted that though five people were seen to be beaten up by the police in the video, their statements have not yet been recorded before a magistrate so that there is some sanctity.

"You have done your level best? These were five children who were assaulted. One has died and four are surviving. Have you got it identified from them? You are doing everything in the world, in any case, the police will start the investigation of the case from an eyewitness. It is an offence of murder, right? In this case, you have not taken the help of eyewitnesses but gone all over the world," the court said.

The court said if these were the four eyewitnesses, till date the police have not bothered to take their statements and asked what kind of investigation you have done?

Communal clashes had broken out in North East Delhi on February 24, 2020, after violence between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and around 700 injured.