'Apply common sense': Court reprimands cops in Delhi riots case, discharges 22-year old youth of offence
New Delhi, Sep 10: A session court has reprimanded the police for its investigation while discharging a man of his offence in the north-east Delhi riots last year. It said that the cases of communal riots have to be considered with the utmost sensitivity and "common sense" should be applied in such cases.
After noting that 22-year-old Javed had not committed the particular act, he was discharged by the Additional Sessions Judge Vinod Yadav for the offence of causing "mischief by fire or explosive substance".
The judge said, "This court is conscious of the fact that cases of communal riots have to be considered with utmost sensitivity, but that does not mean that the common sense should be given go-by; mind has to be applied even at this stage with regard to the material available on record."
Four people had filed complaints claiming that their properties, including houses and shops, were vandalised and looted by a riotous mob on 25 February 2020. Based on their complaints, the 22-year-old man was arrested in April 2020.
As there were not any evidence against the accused, the judge reprimanded the cops, while taking note of the fact that the complainant did not state a single word regarding mischief by fire or explosive substance by the mob.
"I'm afraid that the investigating agency cannot cover up the said flaw by way of recording the supplementary statements of complainants if the ingredient(s) of section 436 IPC [mischief by fire] was not there in their initial written complaints made to the police," ASJ Yadav said.
"I am of the considered view that ingredients of Section 436 IPC are not at all made out from the material produced on record by the investigating agency. Except Section 436 IPC, all the offences invoked in the matter are exclusively triable by the court of learned Magistrate," he added.
Communal clashes had broken out in north-east Delhi in February 2020, after violence between the Citizenship (Amendment) Act supporters and its protesters spiralled out of control leaving at least 53 people dead and over 700 injured.