Delhi riots: Delhi Court censures Delhi Police for wrongly clubbing unrelated complaints

A Delhi Court on Tuesday censured the Delhi Police for clubbing several unrelated complaints in a case relating to the Northeast Delhi riots of 2020. [State v. Sandeep Kumar].Additional Sessions Judge Pulastya Pramachala found that several complaints were clubbed together for investigation without any sound basis. These clubbed complaints were then not properly looked into or investigated, the Court found.“I also find that additional 19 complaints were wrongly clubbed in this FIR and were not completely and properly investigated," the judgment said. .The Court made the observation while acquitting one, Sandeep Kumar who had earlier been accused of being part of a mob that had set on fire to the complainant, Shokin’s house and shop. The said mob was also accused of vandalism and looting of property by taking away several articles and jewellery..During the investigation, the police clubbed 19 more complaints with this case, citing the close proximity of the place of the incidents.However, the police filed a charge sheet only against Sandeep Kumar, who was identified by Shokin.From the evidence on record, the Court found that there were only two complaints from lane number 7, where Shokin’s property was damaged. The rest of the complaints were from different lanes, the Court noted.In the supplementary chargesheet, the police had also declared eight complainants as untraced. “I fail to understand as to how could police file chargesheet and untrace report together in this case,” the Court remarked, in response..The Court added that every complainant has a right to make his representation before the magistrate against such a report. In this case, however, the Court opined that the police had deprived the complainants of such an opportunity.“In the present case, due to several complaints wrongly taken up together in one FIR for investigation and filing one composite report of investigation for all such complaints, this important right of complainants could not be exercised by them," the judgment said. .As far as the case against Kumar was concerned, the Court concluded that his presence at the scene of the crime could not be established nor could his alleged role be proved, even if the incident of riot, vandalism, and loot was established. Thus, Kumar was acquitted of all the charges against him..With regard to other clubbed complaints in the same FIR, the Court found that none of the Investigating Officers even “bothered to ask” the two “alleged eyewitnesses” about the 19 other incidents.“Therefore, it is well apparent that practically, except for examining the 19 additional complainants, no other investigation was made, to find out time of those occurrences as well as culprits behind those incidents," the Court remarked..Judge Pramachala further observed that it will be injustice to the 19 additional complainants if the fate of their complaints is decided by the Court in the present case..Thus, the Court directed the Station House Officer of Karawal Nagar to take up the additional 19 complaints for further investigation separately..[Read Judgment]