NEW DELHI: A court hearing a 2020 Delhi riots case reprimanded the prosecution for its handling of the investigation and filing of charge sheets, saying it had created a “complete mess,” and referred the matter to the Delhi Police Commissioner to take remedial action.
Additional Sessions Judge Parveen Singh made these observations while hearing arguments on framing charges in the case registered by Dayalpur police station. In an order dated October 16, the court said, “It appears that the state has made a complete mess in this matter.”
The court noted that the predecessor judge had observed the confusion caused by the charge sheet regarding clashes between two different mobs during the February 2020 northeast Delhi communal riots. Both mobs, with different objectives, were named as accused in the same charge sheet for multiple offences, and there was no clarity about which mob caused damage, rioting, or arson at specific places or properties.
The court also noted the previous judge’s directive to investigate complaints, including those of three individuals — Azad, Zaid, and Sarla Devi. Following the order, the prosecution initially requested withdrawal of certain complaints. However, when questioned by the court, the special public prosecutor sought to file a third supplementary charge sheet.
The prosecution, through this additional final report, intended to withdraw seven complaints citing the need for further investigation and also sought discharge of two accused. They submitted that separate FIRs would be registered for these complaints, and the two persons whose discharge was sought would later be chargesheeted.
Noting the evidence, Judge Singh criticized the prosecution for not adhering to the previous judge’s order, saying, “Apparently, instead of conducting further investigation as directed, and to show how these two mobs could have been connected, the prosecution, if I may say so, has tried to circumvent that order.”
He further noted that no FIRs had been registered for the complaints sought to be withdrawn, and no investigation had been conducted into Azad, Zaid, and Sarla Devi’s complaints. “The entire case, already mired in blurred facts, has been further complicated by this supplementary charge sheet, and the police have not complied with the order dated January 21, 2025,” the judge said.
He directed that a copy of the order be sent to the Delhi Police Commissioner, who must ensure remedial action and compliance with the previous order. A report, signed by the Commissioner or Special Commissioner, must be submitted by the next hearing on November 14.
