'Police creating defence for the accused, probe farcical, callous'
New Delhi: A Delhi court has now slapped Rs 25,000 cost on the Delhi Police for a shoddy probe into a case arising out of last year's Delhi riots, noting the probe was conducted in a most "casual", "callous" and "farcical manner". The police has "miserably failed" in their statutory duties in this case, it added.
In a scathing order, Additional Sessions Judge Vinod Yadav on Tuesday ripped apart Delhi Police's case with regard to one Mohammad Nasir, who had lost his left eye to a gunshot during the riots and had sought a separate FIR on his complaint. The police, however, had decided to club his complaint with that of others.
When a court ordered the police to file a separate FIR, it filed a revision petition arguing there were not enough grounds for a separate FIR.
The FIR that was registered was at Bhajanpura on the statement of one ASI Ashok where he alleged rioting and vandalism by protestors on February 24 It was also stated that during the incident, Nasir and six other persons had suffered injuries. Nasir had named Naresh Tyagi, Subhash Tyagi, Uttam Tyagi, Sushil, Naresh Gaur and their accomplices as assailants.
In a progress report, the police had also claimed that after thorough investigation, it had not been able to gather any evidence against Naresh Tyagi and Uttam Tyagi, who were not present in town on the said dates.
ASJ Yadav, while sifting through the case diaries in the case, stated that they revealed a "very shocking state of affairs". The court said it was clearly evident that "defence for the accused persons named in the complaint of respondent has been sought to be created by the police". "Even no investigation has apparently been conducted against the named accused Naresh Gaur," it said, adding that the police also did not consider Nasir's complaints of being threatened to withdraw his complaint.
The court noted that the FIR in the matter pertains to an incident in Mohanpuri in Maujpur and not in North Ghonda as claimed by Nasir.
ASJ Yadav said that the police waited for a court order before examining the accused named by Nasir without even bothering "to look into the grievance of the respondent that he was being constantly threatened by the accused persons".
In the said case, the court said, two separate complaints disclosing cognizable offences are filed by two different complainants. "There is no provision under which the investigating agency can club such complaints and carry out investigation".
The court also stated that two accused persons, Muslims, had been picked up by police based on a complaint that they had caused damage to life and property of Hindus without clarifying who the Hindus were.
The court further added that it has not been able to persuade itself about the efficacy and fairness of the investigation carried out in the matter. The cost of Rs. 25,000 on the Delhi Police is to be deposited by DCP (Northeast) to the Delhi Legal Services Authority (DLSA).
