The investigation into a case related to the communal violence in northeast Delhi seemed to be ‘targeted only towards one end’, a Delhi court said while asking the concerned senior cop to ensure fair probe.
Additional Sessions Judge Dharmender Rana said this ‘disturbing fact’ was revealed on the perusal of the case diary.
The judge asked the concerned deputy commissioner of police (DCP) to monitor the probe to ensure fair investigation as police have failed to point out what investigation has been carried out so far regarding the involvement of the rival faction.
The court’s observations came while hearing an application for judicial remand of Jamia Millia Islamia (JMI) University student Asif Iqbal Tanha, who has been booked under the stringent Unlawful Activities (Prevention) Act in the case.
The court further directed Tanha not to indulge in any act of violence whatsoever and to act like a �good/responsible citizen� as well as abide by the law of land.
The court also noted in its order that the investigating officer failed to point out what investigation has been carried out regarding the involvement of the ‘rival faction’.
“Perusal of the case diary reveals a disturbing fact. The investigation seems to be targeted only towards one end. Upon enquiry from the IO they have failed to point out what investigation has been carried out so far regarding the involvement of the rival faction.
“In view of the same, concerned DCP is requested to monitor the investigation and ensure fair investigation,” it said.
It, however, did not clarify who the ‘rival faction’ was.
Even during the hearing, the judge made a particular query about ‘rival faction’, said a lawyer privy to the matter.
The counsel further said that the investigating officer also did not divulge details about who or what was meant by it.
The court had on Wednesday sent Tanha to judicial custody till June 25 after the police did not seek his further custody.
Advocate Sowjhanya Shankaran, appearing for Tanha, had told the court that he was falsely implicated in the case and had no role in the alleged criminal conspiracy.
JMI student Gulfisha Khatoon, Jamia Coordination Committee members Safoora Zargar, Meeran Haider, President of Jamia Alumni Association Shifa-Ur-Rehman, suspended Aam Aadmi Party Councillor Tahir Hussain, former student leader Umar Khalid have also been booked under the anti-terror law in the case.
In March, several pleas were filed in the Delhi high court seeking filing of first information reports against Bharatiya Janata Party leaders Anurag Thakur, Parvesh Verma and Kapil Mishra for alleged hate speeches by them.
It was alleged that their hate speeches had led to eruption of violence related to the Citizenship Amendment Act in northeast Delhi in February.
Till date no FIR has been lodged against them and the high court had listed the pleas for hearing in July.
Communal violence had broken out in northeast Delhi on February 24 after violence between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and around 200 injured.
Tanha granted bail
Tanha was later granted bail in the case related to violence near JMI Univeristy during protests against the Citizenship Amendment Act in December last year.
Additional Sessions Judge Gaurav Rao granted the relief to Tanha on furnishing a bail bond of Rs 25,000 and a surety of like amount.
The court took note of the fact that out of the 10 accused involved in the case, eight were on bail.
It also noted that Tanha was a student and 24 years old.
‘Considering the clean antecedents of the accused, on the ground of parity and most importantly considering the present situation arising out of Covid-19, accused is admitted to bail,’ it said.
Court sends 2 Pinjra Tod members to judicial custody for 14 days
A Delhi court on Thursday sent two women associated with ‘Pinjra Tod’ group, a collective of women students and alumni of colleges from across Delhi, to judicial custody for 14 days in a case related to communal violence in north east Delhi.
Pinjra Tod (Break the Cage) was founded in 2015 with an aim to make hostels and paying guest accommodations less restrictive for women students.
In 2015, Jamia Millia Islamia University had issued a notice restricting female students to stay out after 8 pm.
When the Delhi Commission for Women (DCW) questioned the Jamia administration on it, a group of women students decided to protest against the restrictions not only in Jamia but other universities in Delhi.
Later named as Pinjra Tod, the group mobilised people around several issues faced by female residents of hostels and PGs.
JNU students Natasha Narwal and Devangana Kalita, associated with Pinjra Tod, were sent to judicial custody by Metropolitan Magistrate Kapil Kumar after the police said their further custody was not required for the investigation.
They are currently lodged in Mandoli jail in New Delhi.
Police had earlier told the court that their custodial interrogation was required to unearth the conspiracy behind the case and identify other accused in the case.
Advocate Adit S Pujari, appearing for the women, had told the court that the women were arrested in the case with a ‘mala fide’ intent.
They were arrested last Saturday in connection with a protest against the Citizenship Amendment Act in Jaffrabad area in February. On Sunday, they were granted bail by the court in the case.
Moments after the judge passed the order, the Crime Branch of the Delhi police had moved an application seeking to interrogate them and formally arrested them in a separate case related to the violence.
They had sought 14 days custody of the accused.
The court had sent them to police custody for two days saying the investigation was at its initial stage.
The case, in which they were arrested on Saturday, was registered under sections 147 (rioting), 186 (obstructing public servant in discharge of public functions), 188 (disobedience of order by public servant), 283 (danger or obstruction in public way), 109 (abetment), 341 (wrongful restraint), 353 (assault or criminal force to deter public servant from discharge of his duty) of the Indian Penal Code.
The case in which they were arrested on Sunday was registered under section 147 (rioting), 149 (unlawful assembly), 353 (assault or criminal force to deter public servant from discharge of his duty), 283 (danger or obstruction in public way), 323 (voluntarily causing hurt), 332 (causing hurt to deter public servant from his duty), 307 (attempt to murder), 302 (murder), 427, 120-B (criminal conspiracy), 188 (disobedience of public servant’s order) of Indian Penal Code, relevant sections of the Arms Act and Prevention of Damage to Public Property Act.
Communal clashes had broken out in northeast Delhi on February 24 after violence between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and around 200 injured.