After the Delhi Police challenged a court order that directed it to file an FIR on the complaint of Mohammad Nasir, who lost his left eye during the Delhi riots, Delhi's Karkardooma court judge Vinod Yadav dismissed the police's petition, slapped a fine of Rs 25,000 on them and called their investigation farcical.
In an strongly worded court order dated 13 July, that comes down heavily on the police for their 'callous' investigation, Additional Sessions Judge Vinod Yadav noted that the concerned petitioner (SHO of Bhajanpura police station) and his supervising officers (from the Delhi Police) 'had miserably failed in their statutory duties in this case'.
The order reads:
"I do not find any merit in this revision petition. The same accordingly stands dismissed with a cost of Rs.25,000/- (Rupees Twenty Five Thousand Only) which shall be deposited with Delhi Legal Services Authority by DCP (NorthEast) within one week from today and the said amount shall be recovered from the petitioner and his supervising officers, who have miserably failed in their statutory duties in this case after holding a due inquiry in this regard."
Nasir was extremely happy with the order of the court. "Again, the judiciary has not let me down. Really hope that now my FIR is registered soon and I do not have to wait further."
"Justice has been done, albeit late. We welcome this order," the counsel of the accused, Mehmood Pracha, said.
Specifically speaking of the petitioner in the case, who is the SHO of Bhajanpura police station, the order states that the 'petitioner has no reason, occasion or justfication to feel aggrieved by the impugned order (that directed him to register an FIR against the accused).
"The persons who could presumably be aggrieved may be Naresh Gaur, Naresh Tyagi, Subhash Tyagi, Uttam Tyagi, Sushil and their unknown accomplices, but they chose not to file criminal revision against the impugned order."
The Quint has reported on these accused, who this reporter confirmed are all members of the Rashtriya Swayamsevak Sangh. While Naresh, Subhash, Uttam had various responsibilities in the Sangh, Sushil, visited the RSS Shakha on and off, and helped campaign for the BJP during the Delhi elections of 2020.
The court has recalled the previous order which placed a pause on the registeration of FIR. The Quint had reported on the order which was passed on 21 October, as well as the SHO's decision to challenge it.
Court Calls Police's Investigation Casual, Callous and Farcical
Commenting on the nature of the investigation in the case, the court said that it was not able to persuade himself about the efficacy and fairness of the investigation that was carried out. "The investigation even in case FIR No.64/2020, PS Bhajanpura has been done in a most casual, callous and farcical manner," the order reads.
Not only that, but the order says that the 'defence for the accused persons named in Nasir's complaint has been sought to be created by the Police'.
He has also sent the order to Commissioner of Police 'for bringing to his notice' the level of investigation and supervision in the matter and has asked him to take remedial action.
The court also said that the respondent, Nasir, was 'free to exhaust his remedies available to him in accordance with law to get a separate FIR registered in respect of his complaint dated 03.07.2020 as well as under Section 166-A IPC, if so advised'.
This 3 July reference is to an email that Nasir had written to the DCP of northeast Delhi, seeking protection under the Delhi Witness Protection Scheme, but has got no response from them. The court is essentially telling Nasir that he can move to file another FIR regarding his seeking protection.
Nasir had filed a written complaint against the accused, naming them, on 19 March 2020 and has waited for over a year while the police refuses to register a case against them.
How Nasir Lost His Eye on 24 Februay 2020
Nasir, 34, who works as a junior assistant at the National Cadet Corps, was on his way back from Max Hospital in Shalimar Bagh with his sister on 24 February. “She was getting discharged after a kidney stone operation. We were returning with a cab driver who was Muslim. Many roads were closed and rioters were making the rounds, we were all very scared,” he said,
After taking detours and struggling to get home, Nasir, his sister, and the cab driver reached his residence. Nasir asked the cab driver to stay back for a while.
“He stayed back but his wife kept calling him. After some time, I stepped out with him to drop him close to the Gokulpuri flyover. I felt like I knew the area and could take him through a shortcut. I was also very grateful to him, for putting his life on the line and dropping us home safely, despite the rioters. Since I was from the area, I was confident no one would attack me,” Nasir said.
When Nasir turned to return home, the violence had spread considerably. “I stayed there for a while, but then a Hindu friend, who was my school friend, came and made me sit on his bike. He was in the area and passing and left me around a kilometre from my home. Throughout, I was walking carefully, hiding where needed, pausing where needed. Finally, when I was just about to turn towards the street towards my home, I was attacked by a mob of about 100-odd people,” he said.
“The crowd caught me and then Naresh Tyagi, who was about 20 metres away, and shot me. Subhash Tyagi, Uttam Tyagi and Sushil were in the crowd and screaming slogans and leading the mob."
They were also armed with swords, sticks, petrol bombs etc.