The Delhi High Court has denied quashing an order passed by Special Commissioner of Police in wake of the recent 'Delhi Riots' in which he advised the Police Officers to take due care in making arrest of people with Hindu background as he cited that there is 'resentment among the community'.
The SCP in his order issued on 08-07-2020, stated:
"As per an intelligence input, arrests of some Hindu youth from Chand Bagh and Khajuri Khas areas of North-East Delhi recently in connection with Delhi riots has led to a degree of resentment among the Hindu community there. 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..........Due care and precaution be taken while arresting any person. All evidences, including direct and technical evidences, be properly analysed and that 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 assigned for each case."
The petitioners herein has lost both their parents in the riots and belong to Muslim Community. They are aggieved of the order as they deem it reflects bias on part of Police and has a direct bearing on the investigation and adjudication of the criminal cases relating to deaths of their immediate family members.
The single Judge Bench of Justice Suresh Kumar Kait has observed that 'no prejudice has been caused'. He stated that the letter has been issued after the accused persons have been chargsheeted.
The Court noted that the cases related to the Delhi riots were registered before the issuance of the impugned letter on 8th July. It mentioned that charge sheets have been filed in many cases and that till date 535 Hindus and 513 Muslims have been charge-sheeted in all the cases.
The Court thus observed:
"Since in my considered opinion, the accused persons have already been chargesheeted before issuance of letter dated 08.07.2020, no prejudice has been caused."
The mention of the order has been an article published by Indian Express titled ‘RESENTMENT IN HINDUS ON ARRESTS, TAKE CARE: SPECIAL CP TO PROBE TEAMS’ on 15th July, 2020.
The Court was of the opinion that the article was in contrary spirit to the letter and thus reminded Media of its duty and rresponsibilty.
It stated:
"Therefore, it is suggested that media being the fourth pillar of democracy, news should be clear after verifying the facts so that no prejudice is caused to anyone or hatred is spread among communities in this country."
In previous hearing of the same matter, Justice Kait had orally observed that the order was 'mischievous' and raised objection on its issuance and asked for the response of the Delhi Police.
The order has been passed on 07-08-2020.
Read Order Here:
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