By Tarique Anwar, Mukund Jha / News Click
New Delhi: The city police is again being accused of “targeting” Muslims by making “one-sided” arrests of persons belonging to the community for their alleged role in the April 16 communal violence at Jahangirpuri in northwest Delhi. The police investigation into the 2020 riots in northeast Delhi, too, had drawn widespread criticism.
In the April 16 violence that left eight cops and a local resident injured, at least 33 people have so far been arrested by the Delhi Police Crime Branch. The Crime Branch is investigating the riot that broke out during an “illegal” Shobha Yatra, organised by the Bajrang Dal to mark Hanuman Jayanti, after a few participants of the procession allegedly attempted to enter a local mosque and unfurl a saffron flag.
Three juveniles have also been apprehended.
Defendants’ lawyers allege the police acted with bias from the very beginning. They said the police claimed in FIR (No. 0440/2022; PS Jahangirpuri) that the procession was “peaceful”; whereas “the evidence (video footages) showed it was not”.
“Participants of the Shobha Yatra brandished swords, knives and firearms, intentionally stopped near a mosque (along Kushal Road at C-block) — blaring music with offensive lyrics and attempted to barge into the religious place to unfurl a saffron flag. It was opposed by Muslim devotees who had gathered inside the mosque and were preparing to break the Ramzan fast. There are dozens of videos in support of the sequence of events. Even the court recently declared the procession illegal. But for the police, as mentioned in the FIR, it was peaceful. The violence erupted after one Ansar, along with four-five aides, indulged in a heated exchange with those taking part in the rally,” a lawyer, who with her team is representing 14 accused, told NewsClick, requesting anonymity.
However, Delhi Police commissioner Rakesh Asthana had earlier denied the allegation that the violence erupted after saffron flags were installed at a mosque in the area. “A minor argument led to the violence in the Jahangirpuri area. The theory of saffron flags being installed at a mosque is not true,” he said.
Based on a written complaint lodged by Inspector (Investigation) Rajeev Ranjan Singh of the Jahangirpuri police station, the FIR said, “The arguments (allegedly initiated by accused Ansar) escalated to the extent that both sides resorted to stone pelting, which led to mayhem in the procession.”
“Miscreants attacked the peaceful rally organised on the occasion of Hanuman Jayanti with stones and gunfire and caused a communal riot, disrupted peace and torched private vehicles. Six-seven police officers and one local resident suffered serious injuries. SI (sub-inspector) Medhalal Meena, who is posted at Jahangirpuri police station, was shot in his left hand,” the FIR further said.
The FIR has been registered under Sections 147 (rioting), 148 (rioting, armed with deadly weapon), 149 (unlawful assembly), 186 (voluntarily obstructing a public servant in the discharge of his public functions), 353 (assaulting or using criminal force to deter a public servant from discharge of his duty), 332 (voluntarily causing hurt to deter a public servant from his duty), 307 (attempt to murder), 323 (voluntarily causing hurt), 427 (mischief causing damage to the amount of fifty rupees), 436 (mischief by fire or explosive substance with intent to destroy house, etc.) of the Indian Penal Code (IPC) and Section 27 (punishment for using arms) of the Arms Act.
In addition, five accused have been arrested under the stringent National Security Act (NSA).
‘POLICE ACCOMPANIED ILLEGAL PROCESSION’
Rejecting bail applications of the eight accused, a Rohini court on May 7 blasted the police, noting that there was “utter failure” on the part of the Delhi Police in stopping the procession — which was held without prior police permission. And the issue “seems to have been simply brushed aside” by the senior police officers, it said.
The court said the state has admitted that the procession was “illegal” for “having no prior permission from the police”.
“If that was the situation, then the contents of the FIR itself show that the local staff of police station Jahangirpuri, led by Inspector Rajeev Ranjan as well as other officials from DCP (deputy commissioner of police) reserve, were accompanying the said illegal procession on its route instead of stopping it. It appears that the local police instead of performing their duty in stopping the said illegal procession in the beginning itself and dispersing the crowd, was accompanying them to the entire route which later on led to unfortunate riots between the two communities,” said Additional Sessions Judge Gagandeep Singh in an order.
Adding that the “issue seems to have been simply brushed aside by senior officers,” he said, “The liability on the part of the concerned officials needs to be fixed so that in future, no such incident takes place and the police is not complacent in preventing the illegal activities. Their complicity, if any, also needs to be investigated.”
A copy of the order has been sent to the commissioner of police “for information and remedial compliance”.
Advocate KP Rao, who is representing the eight accused, said the allegation of police bias now stands validated following the court order.
He said, “Though I failed to secure the bail of my clients, yet the court agreed to our contention with regard to the partiality of the police. Despite the fact that there were weapons and aggressive and objectionable songs and slogans were being chanted in the procession, the police called it peaceful. Majority of those who have been arrested belong to the minority. Of the total number of arrested people, only four-five belong to the majority community.” He further alleged, “The police claim that they have recovered firearms from the Muslim accused, but there is no recovery from the other side. None of those who were seen brandishing country-made pistols in the rally has even been traced. These factors create doubt over the police action.”
He alleged the arrests had been made on “flimsy evidence and nonsensical theories.”
Asked if this was so, why did the court reject the bail application of his clients, he said his pleas were rejected because material investigation was underway and the charges against the accused are serious. If they are set to walk free, the court opined, they can influence the witness and tamper with the evidence.
“We come to know about outcomes of the investigation only when the chargesheet is filed. Application for bail before submission of the final report is considered by the court on perusal of the police diary, to which we do not have access. If the court gets convinced with the evidence, statement of the witness and progress of the probe, bail is denied. But it does not mean the charges against the accused are true and the police are carrying out a fair probe,” Advocate Rao added.
‘UNCOOPERATIVE POLICE, OPAQUE PROSECUTION’
Lawyers representing many of the accused said they are facing several challenges while dealing with Delhi Police.
“There is intentional opacity on the part of the investigating agency. We are struggling to have access to basic due process. There is no transparency on the part of the police and the prosecution. We are not given sufficient information as to when and where our clients will be produced,” another lawyer told NewsClick, requesting anonymity. She added that they have to knock on the door of the High Court for minor issues that should have been addressed and resolved by the lower court.
“Once we were waiting for our client who was supposed to be present in the Rohini court. Despite our repeated request to the investigating officer at the Crime Branch to let us know when and before which particular judge the accused will be produced on expiry of his judicial custody, he did not inform us. As a result, we kept waiting in the court premise for him and he was produced before a judge without our knowledge,” the lawyer added.
The lawyer said there was blatant violation of the Attorney-Client Privilege, but the lower judiciary unfortunately seems least bothered about it.
“Legal representation is the right of an accused, but we are not given access to our clients in judicial custody. We had flagged the issue before the chief metropolitan magistrate, but nothing happened. We then approached the high court to get an order in this regard. Following a direction from the superior court, we got access to our clients in jail. But a policeman was deputed in the meeting room, violating the lawyer-client privacy. Therefore, we have now stopped meeting them in jail,” the lawyer added.
Another advocate, who is representing three of the accused, said as lawyers were unable to acquire information about the production of their clients, it was hampering the proper legal representation of the accused.
POLICE RESPONSE
In response to the court order with regard to police complicity, the Delhi Police issued a statement explaining why its officials did not disperse the illegal procession and instead accompanied it.
“The police have a prime and very focused responsibility of maintaining law and order in the area. If any situation erupts, then the police have to see to it that the situation doesn’t worsen and that’s why adequate police personnel were there. As the crowd had already gathered for the religious procession, dispersing them forcefully could have led to law and order problem,” said the public relations officer of the city police.
He said, as soon as the clashes broke out the police “controlled the situation in minimum possible time and ensured no casualty took place.”
Moreover, the police said they acted in accordance with the law when it came to the illegal procession by registering a case under Section 188 of the IPC against those who organised it. Proceedings in the case are underway.
Officials of the Crime Branch denied the allegation levelled by the lawyers representing the accused. “We are following due process of law. Our officials are doing a meticulous job. We are using technology and gathering all scientific evidence. There will be a rock-solid case against the accused in the chargesheet. We have evidence against all those who have been arrested so far,” an official close to the probe told NewsClick.
He did not, however, provide religion-wise data of the people who have been arrested, but said that no culprit would be spared irrespective of caste, creed, and religion.
INEQUALITY BEFORE LAW?
A second FIR was filed against two men from Bajrang Dal and the Vishwa Hindu Parishad (VHP) for organising the procession to mark Hanuman Jayanti. It was based on a complaint of a head constable of the Jahangirpuri police station.
Lodged under IPC Section 188 (disobedience to order duly promulgated by public servant), the FIR stated Prem Sharma, zila sewa pramukh of VHP, and Braham Prakash, co-department secretary, had sought permission through an application — DD (daily diary) no 83A, Jahangirpuri police station — for carrying out a procession. They were informed, said the FIR, that they should take permission from the DCP (northwest) for the same.
“On April 16, without any permission, they gathered people and willingly carried out a procession illegally. There was a possibility of some tussle between two communities, and it came to (the) fore from the police station that they did not take any permission. Prem Sharma and Braham Prakash personally gathered all the people illegally, and without taking permission, they organised a procession, which is a violation of a notification issued by ACP (Jahangirpuri) on April 1. Legal action under IPC Section 188 should be taken against them,” the FIR further stated.
Following registration of the FIR, Northwest Delhi DCP Usha Rangnani said in a statement to the media that a case has been registered against the outfits affiliated to the Rashtriya Swayamsevak Sangh (RSS) for carrying out a procession “without any permission”.
It had also said that the Zila Sewa Pramukh of the VHP had been taken into custody.
However, the police, within hours, issued a revised statement, removing references to the Hindutva outfits and the arrest. “A case has been registered against organisers for carrying out a procession without permission on the evening of April 16, 2022, in the area of PS Jahangirpuri,” read the fresh statement issued by the DCP.
Mentioning the arrest of VHP’s Zila Sewa Pramukh, the statement read, “One accused person has joined the investigation.” Citing that offense under Section 188 of the IPC is bailable, the statement issued by the DCP read that the person who had joined the investigation was let off after questioning.
The new statement comes after, VHP in their statement, said that the organisation would approach the court against “framing” of its workers. “We do not organise any rally without permission. This time too, we had procured permission from the Delhi Police. Someone should ask them why they made security arrangements for our Shobha Yatra if we did not have permission,” VHP spokesperson Vinod Bansal said. The Hindu Right-wing group also threatened to launch a “battle” if the police took action against members.
This article first appeared on newsclick.in
