Karkardooma Court Directs FIR Against SHO of Jyoti Nagar for Alleged Role in Delhi Riots Hate Crimes

Karkardooma, Delhi – In a significant development, the Karkardooma Court has directed the registration of an FIR against the Station House Officer (SHO) of Police Station Jyoti Nagar and other unidentified police officials for their alleged involvement in hate crimes during the 2020 Delhi riots. The court emphasized that custodial torture and incitement to violence do not fall under official duties and are not protected under Section 197 of the Criminal Procedure Code (CrPC).

Background of the Case

The case arose from a complaint filed by Mohd. Wasim, who alleged that on February 24, 2020, an unlawful assembly gathered near Kardampuri Puliya, where police officers and a local politician (Accused No. 3) incited and participated in violence. Wasim claimed to have witnessed police personnel actively aiding and abetting rioters.

Court’s Observations and Directives

The court strongly criticized the Action Taken Report (ATR) submitted by the police, noting that it failed to conduct a fair and thorough investigation. The court found the ATR lacking in addressing serious allegations against the accused police officials and the politician.

Relying on Supreme Court precedents such as Devinder Singh v. State of Punjab and Lalita Kumari v. Government of UP, the court underscored the necessity of a proper inquiry and accountability in cases involving custodial violence and hate crimes. It further referenced the Delhi High Court’s recent ruling in Kismatun v. State of NCT of Delhi, which transferred the investigation of FIR 75/2020 (concerning similar allegations) to the Central Bureau of Investigation (CBI).

Implications and Next Steps

The complainant has been advised to approach the appropriate forum for allegations against the former MLA, while the police are now mandated to register an FIR and conduct an impartial investigation into the role of the police officials in the riots.

This ruling marks a crucial step in addressing allegations of bias and inaction by law enforcement agencies during the 2020 Delhi riots, reinforcing judicial scrutiny in cases of alleged police misconduct.

Order

"12. Clearly, the SHO PS Jyoti Nagar, Mr. Tomar (complete name with post not provided) and other unknown police officials engaged themselves in hate crimes against the complainant/victim and they cannot be protected under the garb of sanction as alleged offences committed by them cannot be said to have been committed while acting or purporting to act in the discharge if their official duty. "

"13. Thus, FIR be registered under sections 295-A/323/342/506 IPC against the SHO PS Jyoti Nagar (Mr. Tomar) who was holding the said post in February-March 2020. Current SHO is directed to depute a responsible officer not below the rank of Inspector to conduct investigation in the present matter and role of other unknown police officials involved in the commission of alleged offences can be ascertained during investigation. "