Delhi Violence: Man Forced to Sing Anthem Dies, Cops Dilute Case

FIR has been filed against unknown persons and not Delhi Police, who forced injured to sing the national anthem.

Updated
India
5 min read
Violence in Delhi: Faizaan is lying on the road in blood stained blue shirt (right). FIR has been against unknown persons and not Delhi police who forced injured to sing national anthem instead of providing medical aid. 
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Is Delhi Police shielding members of its force in the case of a killing that took place during the violence in northeast Delhi?

Why have Delhi Police failed to identify the police personnel involved in the filming and abuse of five seriously injured men, one of whom, identified as Faizan, is now dead?

Why is Delhi Police's version of the circumstances around Faizan's death differing from details mentioned on Faizan's death certificate issued by Delhi's LNJP hospital?

All serious questions. No answers.

Delhi Police's reputation has taken a beating following their poor response to the violence in northeast Delhi. Many have even described the role of some Delhi Police personnel as ‘blatantly partisan’.

A clear example was a viral video that surfaced on social media on 25 February, which showed five injured men seen lying on a road, surrounded by a few policemen who are heard abusing the injured men, forcing them to sing the national anthem and say Vande Mataram.

Faizan, a resident of Kardampuri, was one of these five injured men, and he succumbed to his injures at Lok Nayak Hospital on 27 February.

Joint Commissioner of Police (Jt CP) Alok Kumar told The Quint that an FIR has been registered in the case of Faizan's death, listing murder charges against 'Unknown People'.

In defence of the policemen seen abusing Faizan and the other injured men in the viral video, Alok Kumar claims they were not included in the FIR because they were not seen beating the men. He says it was the police who took the five injured men to the hospital.

The Quint further asked the Jt CP why the policemen seen in the video are not being charged in the FIR for the delay in taking the five injured to hospital under Section 304A (causing death of any person by doing any rash or negligent act). Wasn't the delay also responsible for Faizan's death?

To this, Jt CP Kumar had no clear answer.

We spoke to police officers, doctors and Faizan’s family to understand the sequence of events leading to his death. We found several discrepancies in the various versions.

Is a smoke screen being created to spoil the case?

When Was Faizan Admitted to Hospital? Was He Then Dead or Alive?

“The injured informed the police after reaching hospital that they were beaten up by the mob. Hence, the FIR is only against unknown people. A departmental inquiry has been set up against the policemen who made them sing the national anthem. They have not been identified yet, because their faces are not visible in the video.”
Alok Kumar, Joint Commissioner of Police

Jt CP Alok Kumar said, the injured were taken to the hospital by a policeman from the local police station on 24 February. All were alive when they were admitted in the hospital. Statement of the injured were recorded by the policeman based on which an FIR was registered.

However, Dr Kishore Singh, medical director of Lok Nayak hospital, confirmed to The Quint that Faizan was brought dead by the police on 24 February.

Dr Singh’s statement directly contradicts Jt CP Alok Kumar’s claim that all five injured were admitted to the hospital alive.

When The Quint spoke to Faizan’s family, they gave us a completely different sequence of events.

Faizan's Death Certificate Contradicts Delhi Police’s Version

Faizan’s mother told The Quint that her son was not taken to the hospital from the road, rather he was taken by the police to Jyoti Nagar police station on 24 February. She went to meet Faizan in police station the same day but she was not allowed to meet him. For two days he was in police custody, she said.

“On 25 February, we got a call from the police station asking us to take Faizan home. He was in pain when we brought him late night. On 26 February, we took him to Lok Nayak hospital for medical treatment.”
Faizan’s mother

She added that Faizan went through medical tests in the hospital on 26 February and on the early morning of 27 February around 12.10 am.

To support her argument, Faizan’s mother shared his death certificate which clearly shows date of admission in the hospital as 26 February and date of death, 27 February.

Death certificate of Faizan. 
Death certificate of Faizan. 
(Image: Anthony Rozario/The Quint

Senior Doctors Do A Flip-Flop

When The Quint confronted Dr Kishore Singh of Lok Nayak hospital, asking how was Faizan brought in dead on 24 February when the death certificate shows that he died on 27 February, Dr Singh, instead of answering, asked us to speak to his junior.

Speaking to his junior, Dr Ritu Saxena told us that the dates on the death certificate were correct.

“Faizan was admitted to the neurosurgery ward of the hospital on 26 February. He was brought to the hospital by his family members. We cannot reveal the cause of death. The postmortem report is with the investigating officer.”
Dr Ritu Saxena, CCMO, Lok Nayak Hospital

Now, the questions are:

  • Why did a senior cop, a Joint Commissioner of Police, tell The Quint that all five injured were taken to the hospital alive by Delhi Police?
  • Why did Dr Kishore Singh, a very senior official at Lok Nayak hospital, give The Quint contradictory information?

Policemen Not Identified, Experts Ask Why

Joint Commissioner Alok Kumar said that the policemen who made the five injured sing national anthem have not yet been identified and a departmental inquiry has been set-up against them.

“It was indeed not right for those policemen to make them sing the national anthem when they needed urgent medical attention. Now, why did the policemen do so, we will get to know about it only after the departmental inquiry is over.”
Alok Kumar, Joint Commissioner of Police

Legal experts say the policemen should be investigated under the same FIR and departmental inquiry is not enough.

“This is one incident where no court can deny registering an FIR against police. And if it is denied, then it is truly a travesty of justice. A brutally injured man who is made to sing anthem is now dead.”
Rebecca John, Senior Lawyer

Former IPS officer YP Singh said that the policemen should also be probed under Section 341 of Indian Penal Code for wrongful restraint as they abused and forced the five injured to sing the national anthem.

“Police can identify those policemen in no time if they are probing the matter honestly. There are multiple resources available with the police to identify men. But it seems that they are trying to protect their men.”
YP Singh, Former IPS officer

Here’s another angle from where a video was shot of the five men being allegedly tortured:

The Quint asks:

  • Is it so difficult to identify the policemen responsible when there are not one but two videos of the incident from different angles?
  • One can’t see the policemen but can definitely hear them. How hard is it for fellow policemen to identify their colleagues?
  • The Station House Officer (SHO) is always aware of the deployment of his men. Why can’t the SHO identify the policemen?
  • Is Delhi Police trying to shield its men?
  • Will Delhi Police register an FIR against the policemen to investigate their role in Faizan’s death? Will this be under Section 302 (murder) of the IPC? Or at the very least under section 304A (causing death of any person by doing any rash or negligent act) ?
  • Will Delhi Police do better this time than a shoddy departmental inquiry and not sweep the matter under the carpet?
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