It emerges that the Delhi Police has filed chargesheets against the accused belonging to both the communities in the February riots cases
It is a sad fact that 53 people lost their lives in the riots in north-east Delhi in February this year. Nearly 600 people were injured and property worth several crores was destroyed. Countless families had their sources of livelihood destroyed and some unfortunate ones lost their sole bread-winners. The Delhi Police, too, had its share of dead and injured, and I have no doubt that it has been analysing the cause of the tragic course of events and how it reacted and responded to the situation in the national Capital as it unfolded. Disconcertingly, there have been allegations that Delhi Police acted under political pressure during the riots. But after an initial delay/dithering, it acted swiftly and controlled the situation. The National Security Advisor and the present Commissioner of Police, who was specially brought in from the Central Reserve Police Force (CRPF), visited the worst-hit areas of the Capital for a few days, restored order and instilled a sense of security and safety among the public.
While the embers of the riots were still burning, criticism from various quarters started pouring in regarding lack of transparency and impartiality in the conduct of the police. Several articles have appeared in the media carrying allegations of one-sided probes. Motives are being attributed for both, arresting or not arresting people. It is indeed sad to see respectable names being lent to write-ups castigating the police investigation with hardly any attempt to access authentic material.
It has been my experience in over three decades of policing in Delhi and some other AGMU-cadre States and Union Territories that there is hardly any political interference in police functioning in these jurisdictions, be it in handling of law and order situations, crime control or investigation of crimes. The police are usually free to act professionally in such matters barring individual aberrations.
After the inept and biased handling of the 1984 riots, which badly impacted its image, the Delhi Police, under the able leadership of the legendary Ved Marwah and subsequent illustrious Commissioners of Police, has been acting professionally and competently. It has handled grave law and order situations and various communal riots, including widespread unrest after the implementation of the Mandal Commission report. It appears that allegations of biased investigation in the recent riots are based more on perceptions than facts. Now that the Delhi Police has filed several chargesheets, including a comprehensive 1,800 page one in an important case related to the conspiracy behind the riots, a considerable amount of material relating to this investigation has come into the public domain. The investigators have made extensive use of modern technology in collecting evidence and have been able to get statements of key witnesses recorded before magistrates. Also, it emerges that the Delhi Police has filed chargesheets against the accused belonging to both the communities, based on the quantum of evidence adduced during the course of investigations.
Recently, the police filed a supplementary chargesheet against nine people, who were part of a WhatsApp group called Kattar Hindu Ekta, by adding Sections 153 A and 505 of the Indian Penal Code for promoting enmity between different groups in the name of religion. This has exposed the allegations and conspiracy theories regarding favouritism and biased investigation to be based on presumptions and hearsay. It appears that those levelling such charges were either spreading much misinformation or were simply jumping the gun. In fact, in cases of pre-planned caste or communal riots, it will be highly undesirable and unfair to arrest an equal number of people from both the groups/communities. Rather the police investigations, arrests and chargesheets have to be based strictly on the evidence collected and the facts of the case.
The competent court has already taken cognisance of the matter and the relevant courts will hear both the prosecution and the defence. The evidence adduced by the prosecution will be subjected to rigorous scrutiny and witnesses will be examined and cross-examined. The accused and their attorneys will get every opportunity to punch holes in the prosecution’s version.
As a former police officer and a concerned citizen, I am hopeful and confident that the rule of law will prevail and truth will eventually triumph in the probe in the Delhi riots.
Delhi Police did a commendable job during the initial three months of the lockdown necessitated by the COVID-19 outbreak and earned immense public goodwill. Police personnel served and helped citizens in all possible ways without even caring for their own lives or the welfare of their own families. The lives of 20 police personnel were also lost to Covid. The police leadership would be well-advised to step up efforts to improve public perception and project a people-friendly image by earning the trust and goodwill of the masses.
(The writer is former Special Commissioner of Police, Delhi Police and Member, Public Grievances Commission and Police Complaints Authority, Delhi. He is also an Advocate and Consultant in criminal matters)