Court on Delhi Riots: Is Police Trying to Protect Ex-BJP MLA?
Case Concerns Five Men Allegedly Forced to Sing National Anthem
February 1, 2025
Burnt cars in the 2020 Delhi communal violence. Photo by Banswalhemant, under Creative Commons License
A Delhi court labeled police action during the 2020 northeast Delhi riots a “hate crime” and demanded an FIR against the inspector of the police station. It also questioned whether officers neglected or concealed allegations involving former Bharatiya Janata Party (BJP) MLA Kapil Mishra, instructing the complainant to seek legal action against him.
The complaint examined by Judicial Magistrate First Class Udbhav Kumar Jain concerned the alleged assault of five men, including the complainant, on Feb. 24, 2020. Police personnel beat them and compelled them to sing the National Anthem and “Vande Mataram,” according to the complaint.
A video circulated on social media purportedly showed the men lying on the ground while being assaulted. One of the individuals, Faizan, died later in a separate incident; that matter was later transferred to the Central Bureau of Investigation for further inquiry.
In his January 18 order, the magistrate directed the registration of an FIR against the then-Station House Officer (SHO) of Jyoti Nagar under sections 295A, 323, 342 and 506 of the Indian Penal Code, as reported by The Indian Express. The order clarified that the acts described in the complaint could not be considered part of the officer’s official duties. The judge wrote that such conduct fell into the category of a hate crime, rendering any claim of protection for official actions inapplicable.
The court also addressed the alleged role of Mishra, according to a PTI report published by NDTV. The complainant said he saw Mishra near a protest site, armed with a loudspeaker, and claimed that gunshots were fired in the presence of police officials.
The magistrate noted that the action taken report, submitted by the investigating officer, was silent about Mishra’s alleged involvement. The court observed that the investigating officer either did not investigate Mishra’s purported role or attempted to avoid examining it.
According to the complaint, Mishra had been designated “accused no.3,” yet the final report offered no reference to the statements regarding his possible misconduct, according to LiveLaw.
The court specified that the complainant, who had moved the magistrate after receiving no response to a previous request for an FIR, must now approach the MP/MLA court to pursue allegations against Mishra.
While the court made no final determination on Mishra’s responsibility, it said a thorough inquiry was necessary.
The order stated that citizens in positions of prominence should act in accordance with the Constitution and that the principles of secularism demand adherence to legal safeguards, especially during contentious public gatherings.
The complaint recounted how the complainant encountered a gathering of people wearing saffron scarves and police officers on the road. He alleged that four policemen picked him up, threw him where other injured persons were lying, and forced them all to sing national songs. Eventually, he was taken to a hospital and then to the Jyoti Nagar police station. The complainant alleged that he was beaten in custody, released to his father, and later summoned again to the station, where he was told to portray the SHO as a protector rather than a violator.
When no official step was taken on this account, the complainant pursued legal remedies, seeking direct court orders for an investigation.
The court’s ruling instructed the current SHO to delegate an officer of inspector rank or above to conduct a proper probe, including checks on surveillance footage from the area if available. The judge required a compliance report to be filed by Feb. 11.
