- विज्ञापन -
New Delhi: The Karkardooma court has ordered the registration of an FIR against the former Station House Officer (SHO) of Jyoti Nagar Police Station, along with other police officers, in connection with a hate crime during the 2020 Delhi riots. The victim of this incident was reportedly coerced into singing the national anthem.
The court also instructed the victim to approach a special MP/MLA court to file an FIR against Kapil Mishra, given his status as a former MLA. Judicial Magistrate First Class (JMFC) Udhbhav Kumar Jain issued the directive for the FIR, stating that the actions of the SHO, Tomar, and other unidentified police officials constituted hate crimes against the complainant. The court emphasized that these officers cannot claim protection under the guise of official duty, as their alleged offenses were not executed in the course of their duties.
The court mandated that an FIR be filed under sections 295-A (deliberate and malicious insult of a religion or religious belief), 323 (punishment for voluntarily causing hurt), 342 (punishment for wrongful confinement), and 506 (punishment for criminal intimidation) against SHO Tomar, who was in charge during February-March 2020. The current SHO has been directed to assign an officer of at least Inspector rank to investigate the matter, and the involvement of other unidentified police officials will be determined during this investigation.
This ruling came in response to a complaint from Mohd Waseem, who alleged that the police failed to conduct a thorough preliminary inquiry despite the serious nature of the allegations. The court criticized the Action Taken Report (ATR) submitted by the Investigating Officer (IO), which merely denied the allegations without taking substantial investigative steps, including reviewing CCTV footage relevant to the incident.
The court also noted that while the ATR addressed the allegations made by the complainant, it appeared the IO was more focused on protecting the police officials involved, neglecting to investigate the role of an accused individual, Kapil Mishra, who is a public figure and should be held to a higher standard of accountability.
The court highlighted the need for responsible conduct from individuals like Mishra, who can influence public sentiment. It specified that only special courts can adjudicate offenses involving sitting or former MPs/MLAs, instructing the complainant to approach the appropriate court regarding Mishra.
The complaint detailed that on February 24, 2020, the complainant was searching for his mother amid the riots when he encountered Kapil Mishra, who was allegedly leading an unlawful assembly. The complaint accuses Mishra of inciting violence, including firing gunshots, while police allegedly supported him and assaulted the complainant, demanding he sing the national anthem and chant slogans like “Jai Shri Ram” and “Vande Mataram.” The incident involved police filming the abuse, and a similar case from last year regarding forced anthem singing was transferred to the CBI for investigation.
