Court questions probe into 2020 riots

A Delhi court raised serious concerns over the police investigation into the alleged conspiracy behind the 2020 North-East Delhi riots, ordering further investigation against BJP leader and Delhi law minister Kapil Mishra.

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In a scathing critique of the handling of the case by the Delhi Police, Additional Judicial Magistrate Vaibhav Chaurasia of the Rouse Avenue Courts observed that the investigation was riddled with “questionable assumptions, guesswork and interpretations” in its attempt to establish that the riots were a pre-planned conspiracy by anti-Citizenship Amendment Act (CAA) protesters.

“Once these flaws are outlined, the theory goes off and so does the lens with which prosecution seeks to interpret the facts,” the court stated.

The Delhi Police had argued that the anti-CAA protests were merely a facade to incite large-scale violence. One of their key contentions was that women were placed at the forefront of the protests to deter police action, thereby enabling the execution of violence. However, the court dismissed this theory as lacking credibility.

“Assuming that the version of the prosecution to be correct, I am at odd to believe that any community, caste, sect or religion (I have to take up as prosecution has outrightly mentioned the communal overtones) which is preparing for a mass-level violence would be led by women of such community, caste, sect or religion wherein their most vulnerable gender would be at peril when violence breaks out,” Judge Chaurasia stated.

The court further remarked that it was not offering an opinion but rather inviting “wise readers” to consider an alternative interpretation.

The case involves a plea filed by Mohammad Ilyas, a resident of Yamuna Vihar, seeking the registration of an FIR against Mishra for his alleged role in the violence. Ilyas first approached the police on March 15, 2020, but no action was taken, leading him to move the court.

The court took note of several allegations against Mishra, including claims that on February 23, 2020, he and his associates blocked the road at Kardampuri, destroyed carts belonging to Muslims and Dalits, and acted with police support. It was also alleged that the then Deputy Commissioner of Police (DCP) Ved Prakash Surya warned protestors that the price of their protest could be their lives.

Highlighting the communal undertones of the violence, the court pointed out that while no anti-Hindu rhetoric was found in the chats of the accused, Mishra’s speeches created a clear “us versus them” narrative, targeting Muslims.

The Delhi Police maintained that Mishra had already been investigated and found to have no role in the violence. They further argued that a false propaganda was being created against him. However, the court expressed skepticism over this claim.

“The court cannot believe that Mishra has been investigated in the conspiracy case,” it noted. The court also scrutinised a statement made by Mishra on February 23, 2020, in which he said, “Maine DCP sahab se kaha tha ki hum ab jaa rahe hai, aap road khulva de, nahi to hum bhi road khulvane ke liye dhaarne par baith jaaenge” (I told DCP sir that we are now going, and you must open the road. Else, we will sit in protest to open the road.)

Terming this as an ultimatum issued just before the riots broke out, the court ordered further investigation into Mishra’s role in the Kardampuri incident. The court also ordered the Delhi Police to examine DCP Surya’s involvement, highlighting his statement that “if protests do not cease, people will be killed.”

The court observed that this remark suggested he might have knowledge crucial to the judiciary’s understanding of the events. “He knows something which this judiciary does not,” the court noted.