'SPPs skipping hearings, riots cases getting delayed due to it'

New Delhi: Expressing serious concern over the delay in the disposal of cases related to the north-east Delhi riots last February — specifically due to Special Public Prosecutors not showing up for court hearings, a local court has now asked the Delhi Police to appoint more prosecutors so that the cases can be dealt with in time.

Additional Sessions Judge Virender Bhat made the remarks after three Special Public Prosecutors failed to appear for the hearing in a riots case for various reasons, as a result of which the examination of prosecution witnesses could not take place.

"This is the state of affairs with regards to these riot cases, which are very sensitive in nature and for which this special court was set up. These cases were assigned to a panel of SPPs formed by the police so as to ensure proper and effective prosecution," the judge stated in an order dated December 9.

He added that the SPPs to whom the cases are assigned, do not appear in the court in several cases on account of which cases have to be adjourned without conducting any proceedings thereby resulting in the delay of their disposal.

"Earlier also, I had communicated this state of affairs to the DCP, NorthEast (NE) with instructions to take corrective measures. Let a copy of this order be sent to the DCP, NE who is impressed upon to take this aspect seriously and appoint further SPPs to represent the State in these riot cases," the judge

directed.

Significantly, in a first, the Delhi Police, has been given the authority to pick their own team of prosecutors to try cases related to deadly riots. While the Delhi government has vehemently fought this call — saying that the investigating agency cannot and should not have control over the prosecutors, in the interest of the principles of natural justice. However, the Delhi Police and the Centre have defended their position in the matter citing extraordinary circumstances.

Similarly, the Delhi Police had also appointed Special Public Prosecutors to try cases related to the Republic Day violence this year at the peak of the farmer agitation. In this matter too, the Delhi government has challenged this position — making the same argument.

In September, another court hearing the riots cases had come down heavily on the police for its "lackadaisical approach" and said that no steps for the proper prosecution of 2020 riots cases were taken by the Police Commissioner. Ever since the cases started going to court, multiple courts and even the Delhi High Court on many occasions has pulled the police up for their casual approach and inefficient investigations.

Communal clashes had broken out in northeast Delhi in February 2020, after violence between the Citizenship (Amendment) Act supporters and its protesters spiraled out of control leaving at least 53 people dead and over 700 injured.