Delhi High Court said 23-year-old Faizan’s death after he was beaten and forced to sing the national anthem during the 2020 Delhi Riots was motivated by “religious bigotry” and constituted a “hate crime”. The high court observed the probe in this matter was “tardy,” “sketchy,” and “conveniently sparing” those persons who are suspected to be involved in the brutal assault while transferring the investigation to the CBI.
The high court observed that far from preventing hate crimes, some police officials appeared to have indulged in “mob-vigilantism” and “mob-violence” against 23-year-old Faizan who died after being beaten and forced to sing the Nation Anthem during the 2020 Delhi Riots. “What is worse is that the suspects were entrusted to act as custodians of the law, and were in a position of power and authority, but seemed to have been driven by bigoted mindsets,” it added.
The high court said Delhi Police were “clearly seen surrounding, dragging, kicking and striking blows on Faizan and the other young men with batons/lathis; abusing them; and ordering them to sing the national anthem while they are lying seriously injured and helpless on the roadside” in a harsh indictment of the police.
In the aftermath of the 2020 communal violence in Delhi’s northeast area, a viral clip which showed Faizan and other men being mercilessly beaten by lathis and forced to sing the national anthem. One can also hear nasty abuses hurled at the young men. The policemen can also be heard mocking the young men, saying that they have lived in this country and yet they want azadi, while exhorting them to sing the national anthem properly.
Earlier this year in April, the Delhi Police initiated “departmental inquiries” against two policemen, who were identified as being present at the spot, and for “not helping” in the investigation.
Fueled by religious bigotry, certain police indulged in mob-violence
In a strongly worded order, the Delhi High Court observed Faizan’s case was rife with allegations of of gross violation of human rights, and 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’.
“It must be understood that mob-vigilantism and mob-violence do not cease to be so merely because these are perpetrated, not by ordinary citizens, but by policemen themselves. If anything, the element of abomination gets aggravated if hate-crime is committed by persons in uniform,” the high court observed.
The high court’s decision comes four years after Faizan’s death prompted his mother to seek an SIT in the matter.
Police probe tardy, sketchy and appears to shield the perpetrators
The high court noted that even four years later, the Delhi Police probe in Faizan’s death remained “tardy”, “sketchy” and seemed to spare those involved in the crime. While the incident took place on February 24, 2020, the Delhi Police Crime Branch examined Faizan’s mother for the first time in March 2020. Justifying his decision to transfer the probe to the CBI, Justice Anup Jairam Bhambani said the adage that “justice should not only be done, but should manifestly and undoubtedly be seen to be done”, must not be limited only to court proceedings but should also extend to fair investigations as well.
The high court further found the narrative that all the CCTVs in the police station where Faizan was allegedly illegally detained post the beating were not working at the “crucial” time “does not inspire confidence”.
“The CCTV footage that would have been conclusive evidence to show what transpired at the police station at that time, is stated to be simply not available, presenting a fait-accompli to that extent,” the judge said.
“More than 4½ years have elapsed since. However, not even one of the policemen involved in the abuse and assault has been conclusively identified in the course of the investigation so far,” the judge noted. The high court noted that the police finally identified two of its officials who were present at the spot and could be “possible suspects”. The high court also took note of police submissions that the voice samples from the viral videos match the suspects.
“The perpetrators of the crime are therefore still at large, though they are all members of the police force in Delhi,” the judge said.
“In fact, the question as to whether anything happened to Faizan when he was kept within the confines of P.S.: Jyoti Nagar overnight and until late the next day, has remained unacknowledged and un-addressed. That issue appears to have been brushed under the carpet by the police,” the court noted.
“Even assuming that there was no custodial violence, the very fact that the police kept Faizan at the police station when he was evidently in need of critical medical care itself smacks of criminal neglect of duty, if not something worse,” the court added.