The Karkardooma Court has issued a directive mandating the registration of a First Information Report against the former Station House Officer of Jyoti Nagar Police Station, along with other implicated law enforcement officials, for their alleged participation in hate crimes during the 2020 Delhi riots.
The case under scrutiny concerns allegations that the victim was forcibly compelled to sing the national anthem while being subjected to physical assault.
Furthermore, the court advised the victim to petition the special MP/MLA court for an FIR against former legislator Kapil Mishra, citing his previous tenure as an elected representative. Judicial Magistrate First Class (JMFC) Udhbhav Kumar Jain ruled that the accused officers could not invoke statutory immunity under the pretext of executing their official duties, as the acts in question constitute clear violations of legal and constitutional safeguards against hate-motivated violence.
“Thus, FIR be registered under sections 295-A (deliberate and malicious insult to religion or religious belief), 323, 342, 506 IPC against the SHO PS Jyoti Nagar (Tomar) who was holding the said post in February-March 2020,” the court decreed on January 18.
The incumbent SHO was instructed to appoint an officer of inspector rank or higher to lead the investigation and identify the involvement of additional, presently unidentified, police personnel.
This ruling follows a formal complaint lodged by Mohd Waseem, who alleges that he was subjected to police brutality and targeted acts of religious intolerance.
In reviewing the Action Taken Report (ATR) submitted by the Investigating Officer (IO), the court observed that the report summarily dismissed the allegations while failing to document any substantive investigative measures. The court cited the Supreme Court’s precedent in Lalita Kumari vs Government of UP, which clarifies that preliminary inquiries are not mandatory in all cases, reinforcing that an immediate FIR was warranted.
The ATR, the court noted, conspicuously omitted critical evidentiary elements, including surveillance footage from the date of the incident, which should have been a fundamental component of the inquiry.
The court further criticized the ATR’s apparent bias in prioritizing the defense of police officials while neglecting an impartial investigation into the culpability of the accused no.3, raising concerns of a deliberate obfuscation of evidence.
The court emphasized that Kapil Mishra, given his political influence, is subject to heightened public scrutiny and is expected to adhere strictly to constitutional principles. Due to his status as a former MLA, the court instructed the complainant to seek legal recourse through the designated special court.
According to the complaint, on February 24, 2020, during escalating communal violence, Waseem left his residence at approximately 3:30 PM to locate his mother amid widespread disorder. Upon reaching a Mohalla Clinic, he reportedly identified Kapil Mishra—whom he had previously seen in news broadcasts—at the forefront of an unlawful assembly.
The complaint alleges that Mishra was provided a loudspeaker by a Delhi Police officer and proceeded to incite violence, triggering gunfire, stone-pelting, and petrol bomb attacks. The situation further deteriorated when law enforcement authorities deployed tear gas, exacerbating the chaos and creating a hazardous environment.
Waseem attempted to escape but was allegedly apprehended by police officials who subjected him to verbal abuse and physical assault. He contends that the police appeared to be colluding with Mishra and his affiliates. The complaint further asserts that the SHO of Jyoti Nagar ordered officers to discard Waseem near a group of already injured individuals.
Subsequently, four officers purportedly threw him onto a pile of victims and proceeded to beat them while coercing them to sing the national anthem and chant religious slogans. It is further alleged that three police officers recorded the incident on video.
This case draws parallels with a separate matter in which the Delhi High Court, in July of the preceding year, transferred an investigation to the Central Bureau of Investigation (CBI) concerning the forced singing of the national anthem and the subsequent custodial death of Faizan, another victim of the 2020 riots.
