A Delhi court on Thursday came down heavily on the Delhi Police for probing the 2020 riots case, saying its failure to conduct a proper probe will “pain” the watchdog of democracy at a time when history will witness the worst communal riots. National Capital since Partition
The court, which acquitted Shah Alam, brother of former AAP councilor Tahir Hussain, and two others in a case related to the alleged loot and vandalism of a shop during the riots in Delhi’s Chand Bagh area in February 2020, also directed the probe. Said “generous and indolent”. One gives the impression that a constable was engaged as a witness.
Additional Sessions Judge Vinod Yadav termed the case a colossal waste of taxpayers’ hard-earned money, in which the police only tried to cover the eyes of the court and nothing else.
The court observed that there was no CCTV footage of the incident to substantiate the presence of the accused at the scene, there was no independent eyewitness and there was no evidence of criminal conspiracy.
“I cannot stop myself from observing that when history will witness the worst communal riots in Delhi since Partition, the failure of the investigative agency to conduct a proper investigation using the latest scientific methods will surely send the watchdogs of democracy down. will hurt,” the judge said.
He further stated that it seems that the matter has been settled only by filing of charge sheet without any genuine effort to trace the eyewitnesses, real accused and technical evidence.
Further, the court observed that the investigation lacked sensitivity and efficiency.
“This court cannot allow such cases to roam freely in the corridors of the judicial system, wasting precious judicial time of this court when it is an open and closed matter,” the judge said.
The court said that after probing the case for so long, the police produced only five witnesses – the victim, the duty officer, the formal witness, the investigating officer (IO) and a constable, who had identified the three accused.
The judge said the delay in reporting the incident on the part of the constable gives an impression that he has been implicated in the Delhi riots case.
He said that no real or effective investigation has been conducted and the police have tried to show the matter “solved” by recording only the statement of the constable, that too of late.
“The evidence brought on record by the investigating agency in the case is woefully short for framing of charges against the accused persons. Accordingly, all the three accused persons are acquitted of the case,” the court said.
Alam’s brother Tahir Hussain was arrested in the North East under the Unlawful Activities (Prevention) Act Delhi Riots There is a case of conspiracy and is presently in judicial custody. He is also accused in many other cases.
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