"Hate Crime": Delhi High Court On Faizan's Death In Delhi Riots
Terming it as a “hate crime,” the Delhi High Court on Tuesday ordered the transfer of investigation into the death of 23 year-old Faizan, from Delhi Police to the Central Bureau of Investigation (CBI). During the North-East Delhi riots 2020 Faizan was beaten up and forced to sing the national anthem by policemen.
Kismatun, Faizan’s mother demanded a court-monitored Special Investigation Team (SIT) probe over her son’s death.
“The investigation in the present case has evidently been tardy, sketchy, and conveniently sparing of the persons who are suspected to be involved in brutally assaulting the petitioner’s son,” the Delhi High Court said in a strongly worded verdict.
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In a video clip that surfaced and went viral during February 2020 showed Faizan and four other Muslim men, were beaten up by the police with batons and forced to sing the national anthem and ‘Vande Mataram’.
Hearing on the petition filed by Kismatun Justice Anup J Bhambhani observed, “The case presents allegations of gross violation of human rights, as the unlawful actions of the policemen, who are yet to be identified, were motivated and driven by religious bigotry and therefore would amount to a ‘hate crime‘.”
The Court stated that the “mob-vigilantism” and “mob- violence” do not cease to exist when they are perpetrated by the policemen themselves. The “element of abomination gets aggravated if hate-crime is committed by persons in uniform,” the Court added.
“In the present case, apart from the fact that the custodians of the law are themselves accused of having committed its breach, the perpetrators of the offence are themselves members of the agency that is investigating them. This situation does not inspire confidence. To add to this are the various anomalies and aberrations noticed in the in the investigation carried out by Delhi Police so far,” the Court stated.
Justice Bhambhani has also questioned the probe agency for failing to “conclusively identify” the policemen involved in the “abuse and assault” case even after four years.
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The Court also said that no probe has been conducted so far in relation to what prompted Police to take him happened at the Jyoti Nagar police station after Faizan was brought from Guru Teg Bahadur (GTB) Hospital. Justice also added that the police has taken opportune stand in relation to the non-availability of CCTV-footage from the police station, which could not be approved.
Whether anything happened to Faizan overnight and until late next day, while he was kept under custody at the police station has “remained unacknowledged and unaddressed.” The issue, apparently, “brushed under the carpet,” by the police.
Faizan’s murder case first lodged at the Bhajanpura police station on February 28, and the investigation was later transferred to the Crime Branch of Delhi Police on March 4, 2020.
