A Delhi Court has ordered the registration of a First Information Report (FIR) against the then-Station House Officer (SHO) of Jyoti Nagar police station, Tomar, for allegedly assaulting Muslim men and forcing them to chant religious slogans during the 2020 Delhi riots. The order came after the Court found that no proper investigation had been conducted into the complaint filed by Mohd. Waseem regarding the incident.
Magistrate Udbhav Kumar Jain of Karkardooma Court directed that an FIR be registered under Sections 295-A (deliberate and malicious acts intended to outrage religious feelings), 323 (causing hurt), 342 (wrongful confinement), and 506 (criminal intimidation) of the Indian Penal Code (IPC).
“Officials Engaged in Hate Crimes”: Court
The Court was particularly critical of the conduct of the police, noting that they had participated in hate crimes rather than fulfilling their duty.
“Clearly, the SHO PS Jyoti Nagar, Mr. Tomar, and other unknown police officials engaged themselves in hate crimes against the complainant/victim and they cannot be protected under the garb of sanction, as the alleged offences committed by them cannot be said to have been committed while acting or purporting to act in the discharge of their official duty,” the order stated.
The Court also took issue with the Action Taken Report (ATR) filed by the police, pointing out that it failed to address crucial aspects of the case, including the absence of any inquiry into available CCTV footage.
Complaint Details: Beatings, Forced Slogans, and Intimidation
According to Waseem’s complaint, he had stepped out in search of his mother on February 24, 2020, when he witnessed Bharatiya Janata Party (BJP) leader Kapil Mishra allegedly leading an unlawful assembly and shooting at protestors. Amid the chaos, he claimed that police officers were seen supporting Mishra.
When Waseem attempted to flee, he fell and was subsequently detained by police personnel, who allegedly beat him and other detainees while forcing them to chant Jai Shri Ram and Vande Mataram. The entire incident was recorded on video by some officers.
The SHO allegedly later forced Waseem and his father to sign documents containing statements they had not written and to speak to the media under police instructions. These actions, Waseem told the Court, were done under duress and fear.
Court Orders Fresh Investigation
The Court found the police’s response inadequate, stating that the ATR did not reflect any genuine investigative efforts. It also pointed out that the ATR was “completely silent” regarding allegations against a former Member of the Legislative Assembly (MLA), raising concerns about potential cover-ups.
“It seems that the IO was more concerned about the police officials and either he failed to make inquiry against the alleged accused no.3, or he tried to cover up the allegations against the said accused,” the Court observed.
As a result, the Court directed the current SHO of Jyoti Nagar police station to assign an officer of at least Inspector rank to conduct a thorough investigation into the matter and identify other police personnel involved.
The complainant has been advised to approach an MP/MLA court for legal action against the former MLA implicated in the case.
Case: Mohd. Waseem vs State through SHO & Ors. – Available on LAWFYI.IO
