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In many cases pertaining to the 2020 Delhi riots, the witnesses produced by the Delhi police have been found to be unreliable or planted, a newly published report by the former Supreme Court and High Court judges has said.
In its 171-page long report titled ‘Uncertain Justice: A Citizens Committee Report on the North East Delhi Violence 2020’, a chapter has been dedicated to the investigations carried out by the Delhi police and the discrepancies found. The committee went through 752 of the 758 FIRs filed pertaining to Indian Penal Code (IPC) offences in connection with the violence, in which 53 people died and several others were injured or had their properties damaged.
The Quint had earlier reported on the details and key takeaways of the report.
The committee that has authored the report consists of Justice Madan B. Lokur, former Judge of the Supreme Court, Justice AP Shah, former Chief Justice of the Madras and Delhi High Courts and former Chairman of the Law Commission, Justice R.S. Sodhi, former Judge of the Delhi High Court, Justice Anjana Prakash, former Judge of the Patna High Court, and G.K. Pillai, former Home Secretary, Government of India. Justice Lokur is the chairperson of the committee.
The report has cited from several court orders, where police witnesses have shown unaccounted delay in naming and identifying assailants.
For instance, in October 2020, Court of Additional Sessions Judge granted bail to three accused men: Shah Alam, Rashid Saifi, and Mohd. Shadab, arrested in FIR No. 109/2020.
The committee cites the court observation as follows:
In another case, against accused Kuldeep Singh, the sessions court noted in its bail order that there was an unexplained delay of 83 days in recording the statements of police witnesses. The court said:
In some other cases, the courts explicitly called the police witnesses a “plant.”
For example, in case number 68/2021, the court observed:
In many other cases, the court observed that the public witnesses relied on by the police in forming their cases, had dubious credibility.
Notably, in a case against Umar Khalid and Khalid Saifi, the Additional Sessions Judge in the Karkardooma District noted:
The committee report also cites from the cases in which the courts noticed that the police have submitted CCTV footage, videos or photographs as evidence which fail to reveal any criminal actions by the accused.
On 1 September, 2020, while granting bail to Pinjra Tod activist Devangana Kalita, the Delhi high court noted:
In various cases, the Call Detail Records (CDR) didn’t actually prove the police’s claims about the accused, the committee report said.
While granting bail to Umar Khalid and Khalid Saifi in one of the cases in April 2021, the court observed:
The report also includes a ‘dissent note’ by Dr. Meeran Chadha Borwankar, a retired police officer and the director general bureau of police research and development.
One of the points in it defend the belated witness statements:
The retired police officer also stated in the dissent note that she does not agree with the “generalised inference that ‘police complicity with Hindu mobs, were contributing features of the violence’."
“However, I do not rule out some cases where police complicity with Hindu mobs did contribute to violence. To paint all police officers of Delhi police to be ‘complicit with’ Hindu mobs would be extremely unfair and unjust,” the retired police officer added.
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