FIR against SHO stayed

NEW DELHI: A sessions court has stayed a magistrate court’s order directing the registration of an FIR against the station house officer (SHO) of Jyoti Nagar police station over an incident during the 2020 Northeast Delhi riots. The order was based on a complaint by Mohd Wasim, one of five men assaulted by police and forced to sing the national anthem and Vande Mataram, a moment captured in

a viral video.

The magistrate court had termed the police action a “hate crime” and, on 18 January 2025, directed the police to register an FIR under IPC sections 295A (outraging religious feelings), 323 (causing hurt), 342 (wrongful confinement), and 506 (criminal intimidation). However, Additional Sessions Judge Sameer Bajpai of Karkardooma Court, in an order dated February 1, stayed the directive, stating that its implementation would frustrate the purpose of the revision petition. Former SHO Shailendra Tomar had challenged the order, arguing it constituted double jeopardy as an FIR (No. 75/2020) had already been registered at Bhajanpura police station regarding the same incident. He also contended that the magistrate’s court lacked jurisdiction, as the case of Faizan—one of the victims who later died—was already before the Delhi High Court. The magistrate ordered the SHO to assign an Inspector-level officer to investigate police involvement, denying legal protection for the accused. In Faizan’s case, Delhi Police began inquiries against two officers in July 2024, while the High Court directed a CBI investigation into his death.