HC orders CBI probe into death of man forced to sing national anthem

New Delhi: The Delhi High Court on Tuesday transferred to the Central Bureau of Investigation the case pertaining to the death of a 23-year-old man who was seen in a viral video being purportedly assaulted and forced to sing the national anthem during the communal riots here in 2020.

In a video clip that had gone viral on social media, Faizan, along with four other Muslim men, was seen being beaten up by policemen while being forced to sing the national anthem and “Vande

Mataram”.

Delivering the verdict on a petition filed by Faizan’s mother for a probe by a Special Investigation Team (SIT), Justice Anup Jairam Bhambhani said there are allegations of gross violation of human rights by the yet-to-be identified policemen who were “motivated and driven by religious bigotry”, and the fact that the perpetrators themselves are members of the investigating agency does not inspire confidence.

Observing that the police probe did not serve the spirit of the Supreme Court’s ruling on hate crimes being dealt with alacrity, Justice Bhambhani asserted that “mob-vigilantism” does not cease to be so when perpetrated by policemen themselves and, if anything, the “element of abomination gets aggravated” when they are committed by persons in uniform.

The court criticised the Delhi Police for their handling of the hate-crime case involving the petitioner’s son, Faizan.

Noting that some policemen were found to have indulged in mob-violence and vigilantism, the court directed that the investigation of the case (FIR dated 28.02.2020, P.S. Bhajanpura under sections 147, 148, 149, and 302 of IPC) be transferred to the CBI.

In its 38-page judgement, the court remarked that the police’s investigation was “too-little, too-late” and riddled with anomalies. Video footage showed policemen dragging, kicking, and striking Faizan and others, forcing them to sing the national anthem while they were injured. The court questioned why Faizan was taken to the police station instead of receiving medical treatment, highlighting “criminal neglect of duty” by the police.

Despite four years passing, none of the policemen involved had been conclusively identified, and suspects remained at large. The court found the police’s claim of malfunctioning CCTV cameras at the station “very convenient” and non-compliant with the Supreme Court’s directive. The forensic tests on the officers were criticised as being delayed and insufficient.

Though two officers were identified as possible suspects, their polygraph tests were deceptive, and voice samples matched the video footage.

The court deemed the investigation “tardy, sketchy, and conveniently sparing” of those involved in the assault. Emphasizing that a fair investigation is part of Article 21, the court stressed the need to transfer the investigation to uphold the credibility of the justice system.

Kismatun’s plea, filed in 2020, alleged police assault and illegal detention of her son, leading to his death on February 26, 2020. The police argued that due to riot-gear, identifying officers from footage was difficult and claimed they took Faizan to the station for his safety amidst communal tension.