NEW DELHI: The Delhi High Court Friday said no prejudice is caused to people of any community by an order of Special Commissioner of Police to its teams probing the northeast Delhi riots asking them to exercise due care and precaution while making arrests.
Justice Suresh Kumar Kait said the accused have already been chargesheeted in the riots cases and the July 8 order issued by the senior police officer will cause no prejudice.
He also asked the investigating officers to deal with the cases as per law and not to be influenced with the superior's instructions issued in the order.
This period was unfortunate for everyone in Delhi.
So I think we should not continue it (petition) further, the judge said.
The court's order came while disposing of a petition by the families of two victims who were killed during the February violence here, alleging that the senior officer's order to the chiefs of teams probing the riots was sending a wrong message.
It perused several similar letters issued by other police officers and also the input received after which the Special CP had issued the order to probe teams and said it was not the first time that such an order was issued.
As per a news report, on the basis of which the petition was filed, Special Commissioner of Delhi Police (Crime and Economic Offences Wing) Praveer Ranjan passed an order on July 8 stating that the arrest of some Hindu youth from riot-hit area in northeast Delhi had led to a degree of resentment among the Hindu community and due care and precaution must be taken while making arrests.
Advocate Amit Mahajan, representing the police, contended that a general caution be issued to the media as the report has sensationalised the issue unnecessarily.
He also termed the petition as mischievous and said it was casting doubt on police investigation and the petitioners were trying to communalise the issue.
To this, Justice Kait said: I have noticed, while going through the petition, that the electronic and print media have made some news which are against the letter and spirit of the order issued by respondent no.
4 (Ranjan).
Therefore, I suggest to the media, being the fourth pillar of democracy, that news should be done after verifying facts so that no hate comes in between either of the communities in this country.
The court further suggested to Delhi Police and the investigating authorities not to part with any instruction issued by superior officers which is not as per the law.
It said the observation made by the court will not cause prejudice to Ranjan or any other officer in their service careers.
The high court was hearing a petition filed by Sahil Parvez, whose father was shot dead allegedly by communal rioters near his home, and Mohd Saeed Salmani, whose elderly mother was allegedly lynched in her house by rioters, seeking quashing of the police order.
Advocate Mehmood Pracha, representing the petitioners, claimed that the order amounted to an unlawful and illegal interference in the performance of investigative functions by police officers.
He said that under the CrPC or any other law, there is no provision that an officer has to discuss the investigation with the special CP.
Mahajan also informed the court that in the two FIRs lodged in relation to the killing of family members of the petitioners, 16 and 6 persons respectively were arrested and all are hindus.
He further said a total of 535 hindus and 513 Muslims have been chargesheeted till date in northeast Delhi riots related cases.
Ranjan had earlier told the court that issuance of such letters was a normal practice adopted by them to sensitise the officials to exercise due care and precaution and whenever any complaint or input comes to his knowledge, such a communication is issued, as was done on July 8.
The news report had claimed that the senior police officer's order said, community representatives are alleging that these arrests are made without any evidence and are even insinuating that such arrests are being made for some personal reasons.
It also claimed that the police officer's order stated: Due care and precaution be taken while arresting any person.
All evidences including direct and technical evidences be properly analysed and that all the arrests are backed by sufficient evidence be ensured.
No arbitrary arrest should be made in any case and all evidences must be discussed with Special PPs (public prosecutors) assigned for each case.
The order purportedly added: Supervisory officers ACPs/DCPs SIT & Additional CP/Crime (Headquarters) may guide the IOs (investigating officers) suitably.
Communal clashes had broken out in northeast Delhi on February 24 after the violence between citizenship law supporters and protesters spiralled out of control, leaving at least 53 people dead and around 200 injured.
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