The Delhi High Court has ordered the transfer of the investigation into the death of 23-year-old Faizan from the Delhi Police to the Central Bureau of Investigation. The decision was taken in view of ensuring a more impartial and thorough probe into the case, which was prepared with apprehensions concerning the fairness and adequacy of the investigation that was carried out earlier. Faizan, a victim of the 2020 northeast Delhi riots, was severely assaulted and coerced by police officers into singing the national anthem. This order brings out the court’s emphasis on accountability and the delivery of justice in cases of alleged misconduct by the police in the violence.
A disturbing video surfaced online in February 2020 in which Faizan and four other Muslim men could be seen with visible injuries, being assaulted with batons by cops. The videos showed the men being forced to sing the national anthem and ‘Vande Mataram’. This incident during the violent northeast Delhi riots has sparked outrage and raised concerns of police brutality and communal bias. The video subsequently went viral, raising an uproar for justice and accountability, after which recently, the Delhi High Court shifted the investigation to the Central Bureau of Investigation (CBI) for a fair and in-depth inquiry.
On July 23, 2024, Justice Anup Jairam Bhambhani directed that the investigation be transferred from the Delhi Police to the Central Bureau of Investigation (CBI).The Court criticised the existing police investigation as “tardy and sketchy,” pointing out that it had inadequately addressed the assault on Faizan and others involved in the incident. Categorising the event as a hate crime, the Court emphasised that the current probe failed to hold the suspected police officials accountable for their actions. This decision aims to ensure a more thorough and unbiased investigation by the CBI, highlighting the need for justice and accountability in such serious cases.
Justice Bhambhani pointed out that it was a grave matter by underlining the fact that the police officials who were supposed to enforce the law in an impartial manner and with integrity had become tinged with biases and prejudices. This served only to deepen the severity of this incident, for those who held the positions to protect and uphold the public order were the same ones who abused that very power. Their actions compromised not only their commitment to protecting and serving the people but also showed an alarming departure from ethical conduct. The officials condoned this prejudiced behaviour and thereby parted ways with principles of fairness and impartiality, further fanning the flames of concerns regarding systemic problems in law enforcement.
The case was transferred to the CBI following a petition by Faizan’s mother, Kismatun, for a more impartial probe. She has claimed that the police severely beat Faizan at Kardampuri and then unlawfully detained him at the Jyoti Nagar Police Station.. She further said that he was deprived of medical treatment in custody, which caused his death. She also pleaded for setting up of a special investigation team and a court-monitored probe into the incident, as also into the role of the two police officers.
Kismatun’s counsel, Vrinda Grover, submitted that though the Delhi Police had probed Faizan’s death, its probe had been “narrow” and limited to only the role of the SHO, Jyoti Nagar. She had alleged that the SHO, along with other police officials at the Kiri Nagar Police Station, were indulging in manipulating and falsifying records pertaining to the case. Notwithstanding these grave allegations against the officers, Grover submitted that an effective investigation into their roles had not been conducted so far. Faizan’s family demanded a fresh investigation, free from any influence.
The Delhi Police informed the High Court that though their investigation into Faizan’s death is on, it is getting delayed as certain videos and evidence recovered from the spot need forensic analysis. Also, the identification of the police officers is hard to establish as their faces have not come clear in the viral video. Some of the court proceedings were in-chamber on the Delhi Police’s request. Advocates Vrinda Grover, Soutik Banerjee, and Devika Tulsiani had appeared for Kismatun during the legal proceedings. The Delhi Police team of advocates was represented by Special Public Prosecutor Amit Prasad, who advanced his arguments before the court. He received assistance from Ayodhya Prasad, Ruchika Prasad, Kavya Agarwal, and Chanya Jaitly.
