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Police Probe "Seems Targeted To One End Only", "Fail To Investigate The Rival Faction's Role" In Delhi Riots: Delhi Court

29 May 2020 02:05 PM, IST

Police Probe
Jamia Millia Islamia student Asif Iqbal Tanha

Syed Khalique Ahmed | India Tomorrow


NEW DELHI, MAY 29—A judge of the Patiala House Court has remarked that the investigation in the northeast Delhi violence “seemed to be targeted only towards one end”.


The remark was made by Additional Sessions Judge Dharmendra Rana while hearing a case about the arrest of Jamia Millia Islamia student Asif Iqbal Tanha on May 27.


Police Diary Reveals Disturbing Fact: Judge Dharmendra Rana

“The perusal of the case diary reveals a disturbing fact. The investigation seems to be targeted only towards one end”, the judge said in a hand-written order while sending Asif to judicial custody till June 25.


The 24-year-old Asif was arrested by Delhi Police Special Cell on May 17 under Section 13 of the Unlawful Activities (Prevention) Act (UAPA) in connection with the northeast Delhi violence. The police have accused him of making speeches in Delhi localities where anti-CAA agitation was going on and instigating the people for violence. While he was called by police several times to Jamia Nagar Police station for questioning and Asif fully cooperated in the investigation, he was arrested on May 17.


In his order, the judge wrote: “It is informed by Inspector Lokesh that there was a communal riot in Delhi and accused was actively involved in that. My attention has been drawn to the statement of one witness recorded under Section 164 of Criminal Procedure Code where there are specific allegations against the accused. In view of the material available on record, accused be remanded to judicial custody till 25/6/2020”.


Police Fail To Investigate The Role of Rival Faction In Delhi Riots: Court


The order further stated: “Upon inquiry from Inspector Lokesh and Anil, they have failed to point out what investigation has been carried out so far regarding the involvement of the rival faction. In view of the same, concerned DCP is requested to monitor the investigation and ensure fair investigation”.


Judge’s Remark Put A Question Mark On Impartiality of Police Investigation In Delhi Riots


The remarks of the judge are a big question mark on the impartiality of the police investigation. In fact, social and political activists had been questioning the way the Delhi police was going ahead with arrest in northeast Delhi violence case. While the entire country has been under strict lockdown with some relaxation having been allowed in the last one week, the Delhi police went ahead with arresting the Muslim and some left-leaning youths on the pretext of action against those involved in the riots without bothering about coronavirus infection they might get in lock-ups at police stations and crowded jails. Several cases of policemen with corona positive have been reported in Delhi.


But the remarks of Judge Dharmendra Rana is very significant in the sense that there are always at least two parties in any violence or riot and the police have to take action against both to meet the ends of justice. But, while the police have been selectively arresting Muslim boys and girls having taken part in anti-CAA investigation and blaming them for making provocative speeches that, according to police, resulted in violence or riots in northeast Delhi, the same police have ignored the people from the rival side who made provocative speeches publicly and appealed their audience to take to violence against anti-CAA agitators, particularly Muslims. The observation of Judge Dharmendra Rana has put a big question mark on the integrity of the working of the police and its investigation, particularly in northeast Delhi riot cases. The police probe so far indicates that the Muslims only are responsible for the riots. But the fact is that 34 out of 53 persons killed during the riots are Muslims. A large majority of those injured were also Muslims. Almost all the property worth thousands of crores of rupees destroyed during the violence belonged to Muslims alone.  Many social activists have also said that the police were working under influence of their political bosses and not doing fair investigation and this would spoil its image as one of the best police force and investigative agency in the country.


NO Action Against BJP Leaders Kapil Mishra and Anurag Thakur


The provocative speeches given by BJP’s Kapil Mishra and Union Minister of State for Finance Anurag Thakur are in public domain. Their videos are still available on the net in which they raised slogans of “Desh ke gaddaron ko” referring to Muslims, with crowd responding to “goli maaro ***on ko”.


It is a coincidence that three firing incidents took place-two at Jamia and one at Shaheen Bagh-after their speeches. It is a matter of investigation if the youths who took to guns and opened fire near anti-CAA agitation sites at the two places, were motivated by Mishra’s and Thakur’s speeches. But the fact is that the firing at the two places took place only after their speeches.  While firing at jamia took place on January 30, Mishra and Thakur made incendiary speeches before that. While the accused in both the cases were overpowered by the local youths and the police, no terror case was registered against them. That enabled them able to secure bail from courts. Incendiary slogans appealing people for violence against Muslims were also raised by some other BJP leaders subsequently and a big assembly of right-wing youths organized a public chanting of the slogans outside Rajiv Chowk Metro Station on February 29 thus adding to building up of communal disharmony and hatred in the national capital.


Police Targetting Muslim, Left-Leaning Youths Only


But the police are booking the Muslim youths and leftist students having taken part in anti-CAA agitation and having made speeches against the CAA which they believe is unconstitutional and intended to render majority of Indian Muslims as stateless citizens, under dreaded UAPA in which getting bail is a very difficult thing. This is despite the fact that none of the accused students from Jamia ever carried or held any weapon in their hands.


And the police did not spare even girl students, one of them-Safoora Zargar-was carrying three months pregnancy at the time of her arrest. The other women student arrested is Gulfishan, an MBA student from Jafrabad who played an important role in mobilizing the women in Jafrabad and Seelampur against CAA and proposed National Register of Citizens(NRC) exercise.  Two activists from the Pinjra Tod, a women’s collective, identified as Debangana Kalita and Natasha Narwal, have also been arrested under UAPA by linking their support to anti-CAA agitation with the Delhi riots.


Others booked under UAPA are a Jamia student Meeran Haider( who is also a member of the Jamia Coordination Committee, a body of present and past students set up to launch anti-CAA agitation outside the Jamia Millia Islamia university), Alumni Association of Jamia Millia Islamia president Shafi-ur-Rahman, social activist Khalid Saifi, former Congress councillor Ishrat Jahan and sitting AAP councillor from Chand Bagh Tahir Hussain. Former JNU scholar Umar Khalid and Danish, a resident of Bhajanpura in northeast Delhi, have been named in the FIR as chief conspirator of the Delhi riots but both of them are yet to be arrested.


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