New Delhi. The Delhi High Court has rejected a batch of petitions seeking an independent agency investigation into the 2020 North-East Delhi riots. The court said that there was no solid basis or material presented before it from which it could be concluded that the Delhi Police investigation was so compromised, biased or devoid of credibility that it was necessary to hand it over to an independent agency. The division bench of Justice Vivek Chaudhary and Justice Manoj Jain said in its judgment that transferring an investigation from one agency to another is not a normal procedure. Such an order can be given only in rare and exceptional circumstances, when the available material clearly shows that the ongoing investigation is not impartial or has been seriously compromised.
The court said in its order that on the basis of facts and documents presented by the petitioners, it is not established that the entire investigation system of Delhi Police has failed to conduct a fair investigation. The bench made it clear that on the basis of some allegations against the investigating agency or the alleged conduct of some officers, the entire investigation process cannot be considered unreliable. During the hearing, the petitioners had raised the issue of alleged misconduct and inaction of some police officers during the riots. On this, the court said that if allegations are made against a police officer, then on that basis alone it cannot be concluded that the entire Delhi Police is incapable of conducting a fair investigation. The court said that concrete and reliable evidence is necessary to draw such a conclusion.
The petitions demanded handing over the investigation of cases related to the North-East Delhi riots to an independent agency, such as the Central Bureau of Investigation (CBI) or the Special Investigation Team (SIT). The petitioners argued that an investigation by an independent agency would ensure a fair investigation into the entire matter. However, the court refused to accept this demand on the basis of available records. The Delhi High Court also said in its judgment that transfer of investigation is done only in exceptional circumstances. The court said that as per judicial precedents, change of an investigating agency can be ordered only when it is clear that the present investigating agency has completely failed to conduct a fair investigation or the investigation has been seriously compromised.
Apart from this, the court also refused to give relief to the petitions which sought a direction to register FIR against some political leaders for alleged inflammatory or hate speeches. On this issue, the court said that the materials relied upon by the petitioners mainly included transcripts of speeches, video recordings, newspaper clippings and various media reports. The court observed that in many cases only parts or excerpts of the speeches were presented on record. In such a situation, it would not be appropriate to reach any conclusion without the complete context.
The bench said that it would not be justified to direct registration of FIR against any political leader on the basis of material presented before the court. The court also held that a speech should be evaluated keeping in mind its entire context and circumstances, and not just on the basis of selected excerpts. The riots in north-east Delhi in 2020 had left several people dead and a large number injured. Apart from this, there was huge damage to public and private property also. After the riots, Delhi Police started investigation by registering FIRs in many cases and many chargesheets were also filed in the courts.
Following these incidents, several petitions were filed in the Delhi High Court on behalf of various organizations and individuals. These included demands for an independent investigation, a probe into alleged police misconduct and action against some political leaders. In its latest judgment, the Delhi High Court made it clear that the duty of the court is to take decisions on the basis of available evidence and records. If extraordinary relief like changing the investigating agency is to be granted, then a very strong and credible basis is necessary for the same. The court found no such basis in this case.
The court also reiterated that the scope of judicial intervention is limited and changing the investigating agency merely on the basis of allegations cannot be considered appropriate. Interference in the investigation process should be made only when there are sufficient legal and factual grounds for the same. Thus, the Delhi High Court, while dismissing all the petitions seeking an independent investigation, said that the material available on record is not sufficient to transfer the investigation of Delhi Police to any other agency. The court also refused to accept the demand to register an FIR in the case of alleged inflammatory speeches against political leaders.
High Court rejects demand for independent investigation in Delhi riot cases
