2020 Delhi riots: HC asks police to give status of investigation in FIRs

New Delhi: The Delhi High Court on Tuesday asked the police to inform it about the status of the investigation in the 2020 Delhi riots.

A bench of justices Vivek Chaudhary and Manoj Jain made the demand while hearing a batch of petitions concerning the February riots here, including those seeking FIRs against certain political leaders for alleged hate speeches.

The bench orally observed that despite there being an alternate remedy available, the petitioners have not availed it and the pleas have been pending for the last six years.

During the hearing, the counsel for one of the petitioners apprised the court about the deaths that occurred during the riots.

To the submission, the bench said FIRs have already been registered and since the police are investigating the cases, nothing remains in these petitions.

The lawyer, however, claimed that the police were not investigating fairly and demanded an independent probe ordered by the court.

The court responded, "You challenge it before the magistrate. The magistrate will supervise. These are questions of facts. We cannot entertain questions of facts in writ petitions. You can give that evidence to the magistrate, who will look into it and pass orders. The high court cannot do this."

The bench further said that in the last six years, despite there being an alternate remedy, the petitioners have not availed it.

"These petitions are pending for so long for no good reason. FIRs have been registered and the police are investigating," it said.

The court, while listing the matter for November 21, asked the counsel for Delhi Police to give the status of the investigation and the number of FIRs filed.

A communal clash broke out in the north-east Delhi on February 24, 2020, amid citizenship law protests, leaving at least 53 people dead and around 700 injured.

Several petitions are pending in the high court in relation to the riots.

Petitions have been made demanding that political leaders be booked for alleged hate speeches and the formation of a special investigation team to probe the violence and FIRs against police officers.

Petitioner Ajay Gautam has prayed for an NIA probe under the anti-terror law UAPA to find out the "anti-national forces" behind the agitation against the Citizenship (Amendment) Act, 2019.

A public interest litigation by Shaikh Mujtaba Farooq has sought FIRs against BJP leaders Anurag Thakur, Kapil Mishra, Parvesh Verma and Abhay Verma for allegedly making hate speeches before the violence erupted in the area.

Lawyers Voice has sought police action against Congress leaders Sonia Gandhi, Rahul Gandhi, and Priyanka Gandhi Vadra, as well as former deputy chief minister Manish Sisodia, Aam Aadmi Party MLA Amanatullah Khan, AIMIM leader Akbaruddin Owaisi, former AIMIM MLA Warris Pathan, Mehmood Pracha, Harsh Mander, Mufti Mohammad Ismail, Swara Bhasker, Umar Khalid, former Bombay High Court judge BG Kolse Patil and others.

Jamiat Ulama-i-Hind, in its PIL, has sought the formation of an SIT for an independent probe into the riots.

The police earlier said they had already created three SITs under the crime branch, and there was no evidence yet that their officers were involved in the violence or that political leaders instigated or participated in it.

They said that their investigation prima facie revealed that it was not a case of any sporadic or spontaneous violence, but a well thought-out "conspiracy to destabilise the harmony in the society."

Authorities acted promptly, vigilantly, and effectively without any fear or favour and in a professional manner to control the law and order situation in the affected areas and to save life and property during the riots, the police claimed.

They told the high court that they had registered 757 FIRs in connection with the riots and that investigation was pending in 273 cases and trial was pending in 250.

The Supreme Court, in an order of December 2021, had requested the high court to dispose of expeditiously, preferably within three months, a plea seeking registration of FIRs against politicians accused of making hate speeches, which purportedly led to the riots.