Bk cr pc complete application with annexures

IN THE HIGH COURT OF DELHI AT NEW DELHI
CRIMINAL EXTRAORDINARY JURISDICTION
CRL.M.A. NO. OF 2020
IN
W.P. (CRL.) NO. 669 OF 2020
(In the matter of Public Interest Litigation)
IN THE MATTER OF:
BRINDA KARAT …PETITIONER
Versus
GOVERNMENT OF NCT OF DELHI & ANR. …RESPONDENTS
INDEX
S.NO. PARTICULARS PAGE
NO.
1 Notices of Motion 1-2
2 Urgent Application 3
3 Application under Article 226 of the Constitution and
Section 482 of the Code of Criminal Procedure, 1973
on behalf of the Applicant/Accused seeking early
hearing of the present petition, W.P. (Crl) No. 669 of
2020 and urgent directions as prayed.
4 - 20
4 Annexure P-1
News article dated 13.04.2020 published by ‘Indian
Express’.
21-24
5 Annexure P-2
News Article published by ‘the quint’ on 24.04.2020. 25-32
6 Annexure P-3 (Colly.)
News article dated 17.04.2020 and 27.04.2020
published in ‘The Hindu’
33 - 37
7 Annexure P-4
News article dated 30.03.2020 published online at
newslaundry.com
38 - 56

8 Annexure P-5
News article dated 06.04.2020 published online by
‘the print’
57-59
9 Annexure P-6
Order dated 10.04.2020 passed by this Hon’ble Court
in Bail Application No. 755/2020
60-66
10 Annexure P-7
Order dated 27.04.2020 passed by karkardooma
District Court in FIR No. 57/2020
67
11 Annexure P-8
Order dated 27.04.2020 passed by this Hon’ble Court
in W.P (C) 3003/2020
68 - 69
12 Annexure P-9
Order dated 06.04.2020 passed by Supreme Court in
Suo Motu Writ Petition (Civil) No. 5/2020 titled ‘In
Re: Guidelines for Court Functioning through Video
Conferencing during Covid-19 Pandemic’
70 - 76
13 Annexure P-10
Order dated 25.03.2020 passed by the Hon’ble High
Court of Kerala in WP (C) No. 9400 of 2020
77-90
14 Application seeking exemption from filing duly
affirmed affidavit
91
15 Application seeking exemption from filing requisite
court fee and undertaking to deposit the requisite court
fee
92
TARA NARULA
Advocate for the Petitioner
406, Lawyer’s Chambers’ Block – I,
Delhi High Court, New Delhi – 110503
Mobile: 981003733
New Delhi
07.05.2020

IN
W.P. (CRL.) NO. 669 OF 2020
IN THE MATTER OF:
Versus
GOVERNMENT OF NCT OF DELHI & ANR.
…RESPONDENTS
NOTICE OF MOTION
1. Govt. of NCT of Delhi
(Through Standing Counsel)
Please take note that the above captioned matter will be listed on
12.05.2020 before the Hon’ble High Court of Delhi. Kindly take
notice accordingly.
TARA NARULA
Advocates for the Petitioner
Mobile: 9810037337
New Delhi
07.05.2020

IN
W.P. (CRL.) NO. 669 OF 2020
IN THE MATTER OF:
Versus
…RESPONDENTS
NOTICE OF MOTION
2. Union of India
(Through Special Counsel Sh. Amit Mahajan/ Sh. Rajat Nair)
Please take note that the above captioned matter will be listed on
12.05.2020 before the Hon’ble High Court of Delhi. Kindly take
notice accordingly.
TARA NARULA
Mobile: 9810037337
New Delhi
07.05.2020

IN
W.P. (CRL.) NO. 669 OF 2020
IN THE MATTER OF:
Versus
…RESPONDENTS
URGENT APPLICATION
To,
The Registrar,
High Court of Delhi,
New Delhi
Sir,
Kindly treat this accompanying application as urgent one in
accordance with High Court Rules and Orders and recent office
orders passed in view of spread of COVID-19. Urgency is as prayed
for.
TARA NARULA
Mobile: 9810037337
New Delhi
07.05.2020

IN
W.P. (CRL.) NO. 669 OF 2020
IN THE MATTER OF:
Versus
…RESPONDENTS
APPLICATION UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA AND SECTION 482 OF THE
CODE OF CRIMINAL PROCEDURE, 1973 SEEKING
EARLY HEARING OF THE PRESENT PETITION AND
URGENT DIRECTIONS AS PRAYED
MOST RESPECTFULLY SHOWETH:
1. The Petitioner had filed a writ petition bearing no. W.P.(Crl)
No. 669 of 2020 under Article 226 of the Constitution of India
read with Section 482 of the Code of Criminal Procedure,
1973 (hereinafter, “CrPC”), seeking, inter alia, directions to
the Respondents to ensure compliance of the provisions and
procedure prescribed under CrPC, in particular, Sections 41B
and 41C while making arrests in all the cases arising out of
violence that occurred in North-East Delhi 24.02.2020
onwards, as well as upload the FIRs registered in relation to
the said violence and other directions.

2. The contents of the writ petition may be treated as forming part
and parcel of the present application as the same are not being
repeated herein for the sake of brevity.
3. The present Petition was first listed before this Hon’ble Court
on 06.03.2020 wherein this Hon’ble Court was pleased to
issue notice to the Respondents and directed them to file a
reply, returnable for 12.03.2020. On 12.03.2020, when the
matter was listed along with other connected matters, the
Respondents sought further time to file replies in all the
connected matters including the present writ petition. This
Hon’ble Court was pleased to grant time to the Respondents
and listed the matter on 19.03.2020. Thereafter, due to
notification issued by this Hon’ble Court in light of the spread
of COVID-19, all the matters listed before this Hon’ble Court
on 19.03.2020 were automatically adjourned to 16.04.2020,
and now stand adjourned to 16.06.2020.
4. It is submitted that at present, since the whole country is
suffering from the pandemic outbreak of COVID-19, the
Ministry of Home Affairs declared the national
lockdown vide Notification No. 40-3/2020-DM-I(A) dated
24.03.2020. The general public, including lawyers were not
allowed to go out of their home except for essential services
such as food and medicines. However, the Delhi Police have
continued investigation in connection with certain FIRs

related to the February riots. As per news reports, the Ministry
of Home Affairs directed Delhi Police to ensure that the probe
does not slow down and insisted that the police must continue
making arrests under any circumstances, resulting in around
50 arrests in the first two weeks of the lockdown itself. The
Petitioner seeks to rely on the news article published by Indian
Express on 13.04.2020. Annexed herewith is the news article
dated 13.04.2020 published by Indian Express and which is
accessible on https://indianexpress.com/article/cities/delhi/ne-
delhi-riots-800-arrests-made-as-mha-intervenes-6359541/ ,
marked as ANNEXURE P-1.
5. Therefore, in this situation when there is limited access to
Courts, unavailability of lawyers, it is more important on the
part of the Delhi Police to follow the law of the land, to comply
with the provisions of Cr.P.C. with due regard for the health,
safety and fundamental rights of the concerned persons.
6. It is submitted that during the investigation into the Delhi riots
cases, people are suffering and are unable to avail their rights
which are available to them at the stages of summoning,
detention, arrest and remand due to the shutdown of courts and
limited availability of lawyers, other than legal aid counsels.
Persons in the area have also given accounts of being detained
from their homes and neighborhoods without any information
or notice. In a few cases, the person’s family
members/relatives were detained for hours and threatened till

the time the person whom Delhi police sought to arrest did not
produce himself before them. Several news reports and
volunteers have reported that arrests have been made without
giving any prior notice. Further, either no information or
misleading information was given to the family members,
leading them to make repeated visits to the police station to
obtain information about their detained/arrested relatives,
often to no avail. One of the news reports also reported about
the fear and confusion in the lives of North East Delhi people
due to continuous arbitrary arrests by the Police. Annexed
herewith is the said news Article published on 24.04.2020 and
which is accessible at:
https://www.thequint.com/news/india/north-east-delhi-
violence-case-investigation-muslim-minority, marked as
ANNEXURE P-2.
7. Furthermore, it is relevant to reproduce herein some of the
instances citing grievances of North East Delhi people which
published in several news reports and articles:
a. lFiroz Khan, from Mustafabad, who works as a driver
in Delhi, was arrested during the lockdown on April 2,
2020. His wife reported that when she and her husband
Firoz Khan were not present at their residence, the
Police entered their house and took one of their sons
to Dayalpur police station about which they came to
know from their neighbors. When Afsana went to the

police station with a few other women, the police told
her they would release her son only if her husband
(Firoz) reach the police station and consequently when
Firoz arrived at the Police station, he was arrested.
b. Anas (aged 20 years), a resident of Mustafabad, was
arrested on April 7. His brother Israr stated that the
policemen from Dayalpur called and said they just
want to a few questions but when they went, there
were other boys too. They took him into a room and
that was the last they heard from him. Ana’s brother,
Israr, also stated that their family is clueless in which
jail he is lodged because of the lockdown.
c. Farhan, resident of Chand Bagh, who is a software
engineer stated that the Police took away his brother
without any notice and he has not seen his brother
since the police took him for questioning on March 31.
His family was not having any clue about it and later
on they came to know that he was arrested as he was
featured in a video.
d. Mehnaz (aged 21 years) from Bhajanpura stated that
the police took away her brother on the pretext of
asking some questions and since then she and her
family have not seen him. Mehnaz further told that

when the police visited the residence, her brother, who
is working as a welder, had gone out to buy medicines.
The next day (on April 11), when her brother went to
the police station around 11 a.m. He did not return till
7 p.m. Therefore, when their family went to the police
station, they were told that he (Mehnaz’s brother) will
not be released as he was spotted on the riots video.
Mehnaz further stated that she is worried about the
well-being of her brother inside jail, more so in view
of the ongoing pandemic, as he had received bullet
wound on his back during the riots and has other
medical conditions too.
These examples have been published in “The Hindu” Articles
dated 17.04.2020 and 27.04.2020. Annexed herewith are the
news article dated 17.04.2020 and 27.04.2020 published in
“The Hindu” and which are accessible on
https://www.thehindu.com/news/cities/Delhi/families-
worried-as-riot-related-arrests-could-lead-to-contracting-
covid-19/article31448655.ece,
https://www.thehindu.com/news/cities/Delhi/delhi-riots-25-
30-arrests-from-north-east-since-
lockdown/article31361753.ece, marked as ANNEXURE P-3
(Colly).
8. It is further submitted that the confusion and panic among the
family members and relatives of the arrestees has been

increased due to the non-compliance of Section 41-B and
Section 41-C Cr.P.C. by Police Officials. The arresting
officers are often dressed in civilian clothes. The arrest memo
is not prepared at the time of arrest in terms of Section 41-
B(b). Police stations do not put up the list of arrested persons
as required under Section 41-C Cr.P.C, and sometimes claim
to have no knowledge of the case at hand stating that the arrest
was perhaps by Crime Branch officials. Further, as per the
news reports, specifically an article published in
newslaundry.com, stated there has been fear among the people
due to arbitrary and illegal arrests made by the Delhi Police.
The Police is misusing the situation of lockdown and making
arrests of the people mechanically by pick and choose method
without following due course of law and procedure. Annexed
herewith is the news article published in newslaundry.com as
ANNEXURE P-4.
9. The Petitioner also sent a letter dated 02.03.2020 to the
Commissioner of Police, Delhi in relation to non-compliance
of Section 41-C CrPC. Despite this, when she asked her team
to check for lists of arrested persons at the various Police
Stations, the same were not readily available. It is stated that
the police have detained a large number of people, some of
these detentions and subsequent arrests are alleged to be
targeted and unlawful. The said letter is already annexed with
the Writ Petition. Due to the current scenario, it is essential

that these lists are uploaded online and are complete in every
way, so that lawyers can obtain the relevant information,
without having to resort to physical visits to the police stations.
10. It is submitted that The Delhi Minorities Commission (DMC)
has also issued a notice to the Delhi Police Commissioner on
the grounds that police officers have been “arresting young
Muslim boys by their dozens every single day” from northeast
district, and that the arrests have continued even after the
lockdown. The said notice further stated that the trend of
randomly arresting young Muslim boys of the northeast
district is not acceptable and asks the police to desist from it.
In this regard, the Petitioner seeks to rely on the news report
published by “the print” which can be accessed at
https://theprint.in/india/minorities-panel-notice-to-delhi-
police-for-random-arrests-of-muslims-everyday-for-
riots/396224/, marked herein as ANNEXURE P-5.
11. It is further submitted that in the present crisis situation,
helpless persons are detained in the police station and
thereafter arrested without informing them the reason of their
arrest, without providing them or their families the copies of
the FIRs under which they are arrested and without copies of
the remand papers. Furthermore, the copies of FIRs are not
being uploaded online as per the judgement of the Supreme
Court in Youth Bar Association of India v. Union of India and
Others (2016) 9 SCC 473. Presumably, the said FIRs are not

being uploaded online taking recourse to the exception for
“sensitive” FIRs provided by the Youth Bar judgment.
However, it is submitted that the said exception cannot be
applied to hundreds of FIRs indiscriminately and cannot be
used to defeat the directions in the judgement itself.
Furthermore, the omnibus nature of FIRs filed by the Police in
the Delhi riots cases, wherein the FIRs do not have particulars
of offences committed, names of the persons by whom
offences are committed, or information regarding any
evidence cannot be said to be covered under the exception of
term “sensitive”. The FIRs further cannot be stated as sensitive
or likely to incite violence in view of the extensive media
coverage of all aspects of the violence. While the information
is in public domain, the Delhi Police inexplicably continues to
conceal the FIRs registered. In fact, the unavailability of the
said FIRs is extremely prejudicial to accused persons, families
and complainants/victims, who may not know the fate of the
allegations made by them. For example, certain omnibus FIRs
wherein, persons have been arrested during the lockdown are:
i. FIR No. 60/20 PS Dayalpur (being investigated by
Crime Branch) dated 25.02.2020 registered under
Sections186/353/332/323/147/148/149/336/427/307/
302 IPC and Sections 3 and 4 of the Prevention of
Damage to Public Property Act, 1984.

ii. FIR Nos. 57/20 and 58/20, PS Dayalpur dated
24.02.2020 registered under Sections
147/148/149/427 IPC and Sections 3 of the Prevention
of Damage to Public Property Act, 1984.
iii. FIR No. 84/20 PS Dayalpur (being investigated by
Crime Branch) dated 01.03.2020 registered under
Sections 147/148/149/427/436/302 IPC and Sections
3/4 of the Prevention of Damage to Public Property
Act, 1984.
iv. FIR No. 103/20 PS Dayalpur dated 03.03.2020
registered under Sections 147/148/149/436 IPC and
FIR No. 104/20 PS Dayalpur dated 04.03.2020
registered under Sections 147/148/149/427 IPC
v. FIR No. 105/20 PS Dayalpur dated 04.03.2020
registered under Sections 147/148/149/427/436 IPC.
In these circumstances, the Petitioner requests this
Hon’ble Court to call for these FIRs.
12. Further, since the lockdown, all fresh remands of arrested
persons are taking place in the jail complex itself. Hence,
families of arrested persons are unable to obtain a copy of the
FIR or any information even at the time of first production.
Hence, there is an urgency in having the FIRs and remand
orders available in the public domain, due to the large scale
arrests taking place. The relevant portion of the judgment in

Youth Bar is extracted below, which emphasises the
importance of the accused to have a copy of the FIR for
redressal of his grievances:
“(d). The copies of the FIRs, unless the offence is
sensitive in nature, like sexual offences, offences
pertaining to insurgency, terrorism and of that category,
offences under POCSO Act and such other offences,
should be uploaded on the police website, and if there is
no such website, on the official website of the State
Government, within twenty-four hours of the
registration of the First Information Report so that the
accused or any person connected with the same can
download the FIR and file appropriate application
before the Court as per law for redressal of his
grievances…
e) The decision not to upload the copy of the FIR on the
website shall not be taken by an officer below the rank of
Deputy Superintendent of Police or any person holding
equivalent post. In case, the States where District
Magistrate has a role, he may also assume the said
authority. A decision taken by the concerned police
officer or the District Magistrate shall be duly
communicated to the concerned jurisdictional
Magistrate”
13. Hence, the decision to not upload an FIR on the ground of its
sensitive nature must be taken by the concerned officer and
duly communicated to the jurisdictional magistrate. Such
decision cannot be taken in an omnibus manner for all the riot
related FIRs. Further, in the present case the failure to inform
the jurisdictional magistrate of the decision would render the
process illegal/nugatory.
14. It is submitted that the arrests in Delhi riot cases are being
carried out in violation of the guidelines of the Hon’ble

Supreme Court in D.K Basu v. State of Bengal and Sections
41A, 41B, 41C, 41D which were inserted vide Code of
Criminal Procedure (Amendment) Act, 2008.
15. It is submitted that in a riot related FIR bearing No. 57/2020,
bail application of one of the accused “Shadab Alam” was
preferred before this Hon’ble Court vide Bail application
No.755/2020. Though this Hon’ble Court vide order dated
10.04.2020 dismissed the bail application of the accused,
however the said order evidently speaks of the unjust and
arbitrary actions taken by the Police in riot related cases. In
para 9 of the said order, this Hon’ble Court recorded that
“There is undoubtedly a mystery surrounding the arrest of the
petitioner and co-accused which is further fortified by the
nature of injuries received by the petitioner as would be
investigated in the course of events. It is also strange that even
as per the prosecution, the petitioner and co-accused were
arrested on the 28th February, 2020 and produced before the
Magistrate on the same day and no police custody remand was
sought, nor was an application filed for conducting TIP by the
other witness who was not present at the time of arrest.
Statement of this witness recorded under Section 161 Cr.P.C.
has also not been produced.” Annexed herewith is the order
dated 10.04.2020 passed by this Hon’ble Court in Bail
Application No. 755/2020, as ANNEXURE P-6.

16. It is further submitted that there has been no transparency in
the conduct of the Police Officials in the riots related cases.
During this period of lockdown, the Police Officials have
already completed the investigation in the aforementioned FIR
No.57/2020 and Charge sheet has been filed in this FIR on
27.04.2020 before the Karkardooma District Court in case of
State v. Ajmat Ali & Ors. After taking the chargesheet on
record (without taking cognizance), the Court of the Ld. MM
posted the matter for 11.06.2020. Annexed herewith is the
order dated 27.04.2020 passed by Karkardooma District Court
in FIR No. 57/2020 as ANNEXURE P-7. Due to the long date
of hearing, the counsel of the accused approached the SHO,
PS Dayalpur and also the learned Duty MM to supply a copy
of the Chargesheet to the accused person, which is permitted
under Section 173(7) Cr.P.C. However, no such copy has been
furnished thus far.
17. In the same case, there are accusations of unlawful arrest and
detention and police brutality that are also required to be
investigated. Statements have been given by witnesses to
corroborate these allegations, and complaints have been made
to the DCP, North-east as well as to the National Human
Rights commission. Vide Order dated 06.05.2020, the NHRC
has directed the DCP (North-east) to investigate the complaint.
Without so much as investigating these complaints, the police
(PS Dayalpur) have rushed to conclude investigations and file

a charge-sheet. It is submitted that the entire investigation by
the police may be coloured and there will be serious
apprehension of suppression of evidence in a case like this. In
this scenario, it is extremely urgent that the complaints against
the police be investigated, so that justice is seen to be done.
The said case further brings out the importance of compliance
with Section 41-B(b) Cr.P.C. as the failure to prepare arrest
memo at the time of arrest raises serious concerns about the
ante-dating of such document to cover-up the allegations of
illegal detention.
18. It is further submitted that in a similar riot related matter i.e in
W.P (C) 3003/ 2020 titled as Jamiat Ulama-I-Hind Thr.
General Secretary v. Union of India & Ors. vide order dated
27.04.2020, this Hon’ble Court directed that as stated by
Counsel for Union of India, all the arrests effected thus far, as
well as, all the arrests that may be made henceforth, have been
and shall be made, strictly in accordance with the guidelines
laid down by the Hon’ble Supreme Court of India in ‘D.K.
Basu vs. State of West Bengal reported as 1997 (1) SCC 416.
This matter is now listed on 24.06.2020 and meanwhile
Respondents are directed to file their response. However, the
Writ Petition of the Petitioner and the facts mentioned in the
present Application evidently shows that the arrests in riot
related cases specifically during the lockdown period are not
being made as per the mandatory provisions of CrPC and

guidelines laid down by the Apex Court in the D.K Basu
judgment. Hence, the Petitioner is approaching this Hon’ble
Court for early hearing of the Writ Petition pending before this
Court and prayed for urgent directions as mentioned in the
Writ Petition. Annexed herewith is order dated 27.04.2020
passed by this Hon’ble Court in W.P (C) 3003/2020, as
ANNEXURE P-8.
19. In this regard, it is worthwhile to quote the observations of the
Hon’ble Supreme Court in order dated 06.04.2020 in Suo
Motu Writ Petition (Civil) No. 5/2020 titled ‘In Re: Guidelines
for Court Functioning through Video Conferencing during
Covid-19 Pandemic’, wherein it has been observed that
“Access to justice is fundamental to preserve the rule of law in
the democracy envisaged by the Constitution of India. The
challenges occasioned by the outbreak of COVID-19 have to
be addressed while preserving the constitutional commitment
to ensuring the delivery of and access to justice to those who
seek it.” Annexed herewith is order dated 06.04.2020 passed
by Supreme Court in Suo Motu Writ Petition (Civil) No.
5/2020 titled ‘In Re: Guidelines for Court Functioning through
Video Conferencing during Covid-19 Pandemic’, as
ANNEXURE P-9.
20. Furthermore, having regard to the public announcement of
imposing a total lock down in the wake of outbreak of
pandemic Corona Virus, resulting in immobilization of

public at large, and total stoppage of public transport,
litigants would find it difficult to approach the Courts to
vindicate their grievances, the Hon’ble High Court of Kerala
on 25.03.2020 in WP (C) No. 9400 of 2020 directed that
given the present situation, arrests should be made only in
cases where arrest is inevitable. It was further directed that
Magistrates before whom an accused is produced shall
consider whether judicial/police custody is needed or not,
keeping in mind that bail is the rule, and jail the exception.
Annexed herewith is order dated 25.03.2020 passed by the
Hon’ble High Court of Kerala in WP (C) No. 9400 of 2020,
as ANNEXURE P-10.
21. It is submitted that in Delhi riot cases FIRs have been
registered against many persons merely due to the reason of
their presence at the protest site and no specific offence has
been alleged against such persons. Yet, these FIRs are not
available online.
22.It is submitted that the present petition involves importance
issues of the administration of justice and law and order and
public interest and specifically the fundamental rights of the
arrestees as enriched under Article 21 and 22 of the
Constitution, therefore must be adjudicated at the earliest.
23.The present Application is made bona fide and in the interest
of justice.

PRAYER
In view of the present facts and circumstances, it is most humbly
prayed that this Hon’ble Court may be please to:
(a) Pass an order granting an early hearing of the subject petition,
being WP (Crl) 669/2020; and
(b) Direct that copies of FIRs registered pursuant to the violence
in North-east Delhi be uploaded on the Delhi Police website;
and
(c) Direct that copies of FIR, remand application, orders of
remand and grounds of arrest, and copy of charge-sheets be
supplied through e-mail/whatsapp/post to the families and
counsels of accused persons; and
(d)Call for a status report disclosing the names and numbers of
persons detained and arrested by the Delhi Police in relation
to the pogrom for the duration of the lockdown i.e. since
24.03.2020; and
(e) Pass such other further order(s) that this Hon’ble Court may
deem fit and proper in interest of justice.
PETITIONER
THROUGH
TARA NARULA
Mobile: 9810037337
New Delhi
05.05.2020

07/05/2020 NE Delhi riots: 800 arrests made as MHA intervenes | Cities News,The Indian Express
https://indianexpress.com/article/cities/delhi/ne-delhi-riots-800-arrests-made-as-mha-intervenes-6359541/ 1/10
Written by Mahender Singh Manral | New Delhi | Published: April 13, 2020 12:58:43 am
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NE Delhi riots: 800 arrests
made as MHA intervenes
The MHA directive came after some teams of the Crime Branch
started working from home and stopped visiting the Northeast
district, where they had set up a camp office during the probe.
Home / Cities / Delhi / NE Delhi riots: 800 arrests made as MHA intervenes
Thursday, May 07, 2020
ANNEXURE P-1

The riots in Northeast Delhi left 53 dead. (Photo: Praveen Khanna)
Despite the investigation into the Northeast Delhi communal riots hitting hurdles
during the lockdown, more than 800 arrests have been made, after the Home
Ministry asked Delhi Police to ensure the probe does not slow down. The MHA
directive came after some teams of the Crime Branch started working from home
and stopped visiting the Northeast district, where they had set up a camp office
during the probe. The pace of arrests had also slowed down.
“But the situation changed two weeks ago when a meeting was called by senior
MHA officials to discuss preparation by the Delhi Police during the lockdown.
During the meeting, they were also asked about progress in the riots cases. Police
chief S N Shrivastava apprised them of the situation, and MHA insisted that polic
must continue making arrests under any circumstances,” said a highly placed
source.
X

A message was conveyed to all investigation teams to resume the probe and mak
arrests. The Indian Express has learnt that 802 arrests have been made so far. Th
crime branch, probing 42 murder cases, has made 182 arrests, while the Northea
district police has arrested 620 people in connection with the riots. Out of the 182
arrested, 50 were nabbed during the lockdown.
On Thursday too, an investigation team probing murder cases connected to the
violence in Dayalpur visited the house of a suspect. But minutes later, they had to
rush out and sanitise themselves as the suspect’s father had high fever and cough
Police said teams have been told to take precautions before making any arrest or
carrying out a raid, and that personal protective equipment kits have been
provided to them.
“They have been asked to carry temperature guns. After detaining suspects, team
provide them masks and sanitisers. They are then taken for a screening test befor
being produced before a magistrate,” said an officer.
On the arrests, police sources said: “Earlier, three-four murder cases were
registered in one FIR; now, separate FIRs have been registered for every case. The
Crime Branch has also arrested two more persons from Uttar Pradesh’s Sambhal
connection with IB staffer Ankit Sharma’s murder for providing shelter to the
murder accused.”
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ANNEXURE 2
Under Lockdown, Confusion & Fear Grip NE
Delhi As Arrests Increase
AISHWARYA S IYER
UPDATED: 22/04/2020 AT 04:19 PM 12 min read
4.3K ENGAGEMENT
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ANNEXURE P-2

thirds of the 53 who died were Muslims, the rest were Hindus. In the
middle of an unprecedented lockdown, where COVID-19 cases are on
"Everyday we are hearing six-seven men are being picked up by the police
from Brahmapuri, Shiv Vihar, Jaffrabad, Seelampur, Chauhan Banger,
Karawal Nagar and other places. They come in plainclothes, engage in small
talk and take you away in their van. Before you know you've been sent off to
jail and you don't even know for what crime."
A week into the lockdown towards the end of April, Delhi police
stepped up their investigation in the case of the northeast Delhi
violence where 53 people died, hundreds injured and property worth
crores destroyed between 23 February and 26 February. While two-
the rise, Delhi police ofﬁcials are taking rounds of the ravaged
sensitive areas of NE Delhi to arrest people.
Most of the reports of people being picked up have come from Muslim
dominated localities.
Atatimewhenthecourtsarepartiallyfunctioningandthemediais
notabletorigorouslyreport,TheQuintinterviewedthefamiliesof
threemenwhohavebeenarrested,aswellastheirlawyers,and
foundstoriesofheartache,angerandconfusion.
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Also Read : Ground Report: How Clashes Over CAA in NE Delhi Turned
Communal
'The Man Who Died Was the DJ At Our Wedding'
(*Name changed to protect identity of the accused and his family)
(Quote card: Arnica Kala/The Quint)
"The man who died infront of Brahmapuri Gali No 1, Vinod, he is a DJ.
My husband was friends with them,” Aafreen*, whose husband
Akhter* was picked up by Delhi police on 30 March. says, adding that
he was arrested in the FIR ﬁled for Vinod’s death.
“On the contrary, when we got married a decade ago, it was Vinod Bhai
only who was the DJ at our wedding. But a few days of these riots and
there is so much distance between us. I can't even call them, I do not
know what they are thinking," Aafreen*, whose husband Akhter was
picked up and then arrested by the police on 30 March tells The Quint.
He has been booked in the FIR registered for Vinod bhai's deaths,
written by his son Nitin who was also brutally thrashed on 25 February
when the riots were at their peak. While he survived, his father died on

the way to the hospital.
The FIR does not name any accused. Akhter has been booked under
Section 302 (murder), 307 (attempt to murder), 147 (rioting), 148
(rioting, armed with deadly weapon), 149 (unlawful assembly), 153
(provocation with intent to cause a riot), 505 (statements conducing to
public mischief), 435 (mischief by ﬁre or explosive substance), 120B
(criminal conspiracy), 34 (common intention) of the Indian Penal Code.
He was sent to Tihar Jail on 3 April.
"My husband was downstairs at his small shop. These policemen came
in civil clothes and asked him to assist in the investigation for 10
minutes. He went ahead and helped them. They took him to Yamuna
Vihar police station ﬁrst, then he was told he will be taken to Dwarka.
When we resisted him being taken to Dwarka, the policemen said, this
is only for the purpose of investigation. He is not at fault, but we need
to ask him questions and then we will leave him. Within 2 minutes,
despite our requests, he was taken to Dwaraka," Aafreen recalls feeling
distrustful of what the police was saying.
"My husband was not involved in anything, it is just that we live in the
area where the NE Delhi violence broke out. This is our permanent
home. Which is why we are being troubled. They have not shown us
any evidence, in the three days they had him he told us that they had
not even shown him any evidence,” Aafreen says, adding:
“Ifthereareriotsinthearea,andthisisourhome,tellmewhywe
willnotdefendourownproperty?CanInotstandundermyhouse
anddefendit?Areyousayingweshouldhavejuststayedhomeand
waitedforit to be charredto theground?”
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She has two children, parents and a brother-in law who is always sick.
“Only 15 percent of my mother-in-law’s heart functions. My father-
in-law can not work. My younger child keeps asking for her father and
I keep lying to her,” she says.
She says she and her lawyer have tried to apply for interim bail, but
the court did not list the matter. "They said it is not an urgent matter.
If his mother dies while he is in jail, who will that be on? Also, if
granting him bail is not urgent, then why was arresting him urgent?
Were we going anywhere in this lockdown?"
Lawyer for Aafreen, Akhtar Shamim told The Quint that the rights of
Akhter, who is an accused, are being compromised.
"While the police is conducting their investigation like they want to,

the biggest problem here is that the rights of the accused are being
compromised. After the 15 days of the judicial custody, the police and
the accused and their lawyers have to come infront of the magistrate.
Here the police has to underline the evidence they have where as the
accused gets a shot to argue for bail. This is not happening under the
lockdown as only urgent matters are being heard. It is an
unprecedented situation and we are trying to ﬁle a PIL so that the
rights of the accused are maintained," Akhtar said.
'Our House Was Burnt, Looted & We've Been
Arrested'
57-year-old Haji Hashim Ali, who earned a meager income as a tailor
in Shiv Vihar, was arrested on 4 April. His son Rashid tells us that the
police, again in plainclothes, asked for his assistance in recognizing
people. Hashim obliged, "But then when we saw from a distance, we
saw him being made to sit in a van and taken away. I got scared and
called my father up, he said he was coming back and this was only for
investigations.The same night he was sent to Tihar Jail."
32-year-old Rashid Ali, Hashim's son who sells cosmetic products in
the weekly market, told himself to calm down. The family discussed
how their own property, worth Rs 10 lakh was burnt during the riots
and how there was no way that their father could be picked as an
accused. Another two-odd hours passed, Rashid called again. "While I
asked my father what was happening, the policemen took the phone
away saying 'jaldi jaldi phone do' (give me that phone) again and again.
All my father could tell me was that he was being sent to jail."

29-year-old Mohammad Armaan from Seelampur, who works at a
publication agency at Daryaganj, claims that his brother Salman never
The policemen came the same night and returned Hashim's money,
wallet and his phone to the family. With four sons and one daughter at
home, the family is unsure about the FIR or the sections that have been
slapped on the father. "The cops said something about how my
father’s arm was visible in some video. Our home was burnt during the
riots. Our auto and two bikes which were parked on the ground were
burnt. My father saw it burning in front of him. His hands were raised
as he gesticulated to tell us to get out of the house. There is no
evidence of him actually indulging in rioting," Rashid claims.
While the family ran away from home, the mob came to the first and
second floors of the house and stole the fridge, washing machine,
money and jewellery. "He is a Haji and worked as the secretary in the
local mosque," Rashid says. The family had filed a complaint with the
police about the loss and damage of property to them, "We had filed a
complaint and believed that the accused who set our house on fire and
looted everything will be arrested. We thought we had no reason to
worry about the police, our home was burnt, our stuff was looted. At
one point we were thinking of compensation from the government,
now we are trying to prove we are innocent."
Also Read : Delhi Violence: Umar Khalid, Two Jamia Students Booked
Under UAPA
On 1 March, Hashim Ali had filed a complaint against the damage
causedtohisproperty.Butinsteadoffilinga crossFIR,thepolice
went ahead and attached his complaint to FIR number 72.
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They then arrested Hashim under the same FIR number for 147
(rioting), 148 (rioting, armed with deadly weapon), 149 (unlawful
assembly), 427(Mischief causing damage to the amount of fifty
rupees), 436 (Mischief by fire or explosive substance with intent to
destroy house, etc) of the Indian Penal Code.
Akhtar Shamim, who is one of the lawyers the family spoke to, said,
"The fact that the police attached his complaint to the FIR is illegal. A
cross-FIR should have been filed. Here the complainant has turned
into the accused in the FIR. This raises questions about the Delhi
police's conduct. At the same time the sections against him are non-
bailable. We will wait for a few weeks to understand the nature of the
police's investigation."
'His Marriage Was Broken Off After News of his
Arrest'

judicial remand after which he was sent to Mandoli jail. Since then he
is there."
left the house on 25 February.
"The police came to my home on 3 April. My brother had gone to the
market with me. When they called us we said we will take one hour to
return. So they picked my father up as a form of reassurance that my
brother would have to come to the police station. We felt intimidating.
I can testify that my brother never left the home in those days,”Arman
said.
After being taken to the Yamuna Vihar police station, Armaan says his
brother was taken to Dwaraka. Ever since he has been in Mandoli jail.
Salman has been booked in the nameless FIR number 49, for 147
(rioting), 148 (rioting, armed with deadly weapon), 149 (unlawful
assembly), 186 (obstructing public servant in discharge of public
functions), 188 (disobedience to order duly promulgated by public
servant), 353 (assault or criminal force to deter public servant from
discharge of his duty), 283 (danger or obstruction in public way or line
of navigation), 332 (voluntarily causing hurt to deter public servant
from his duty), 427 (Mischief causing damage to the amount of fifty
rupees), 435 (mischief by fire or explosive substance), 436 (Mischief by
fire or explosive substance with intent to destroy house, etc), 323
(voluntarily causing hurt), 307 (attempt to murder), 302 (murder),
120B (criminal conspiracy) and 34 (common intention) of the IPC.
Armaan who was unaware about these charges and what they meant
asked in disbelief, "They have to prove all this right? I can assure you
my brother was at home infront of me. My parents were not letting
either of us step out."
In the repeated visits to the police station, Armaan was told that his
brother has been implicated in the Bhajanpura riots of 25 February. "I
told them that that was not possible as during those days no one was
leaving their homes. Were not even able to reach roads, all gates were
closed, how would he have reached Bhajanpura. Then they said they
just have to do some investigation, they will show him some photos
and let them go after," he said. The last time he saw Salman was at the
Karkadooma court when the police produced the charges. “I asked him
what the police was doing to him inside, he said, they were only
showing him one photo after another asking him to identify people. He
kept telling them that he knew no one. The police asked for 2-day

residents of the neighborhoods where the riots broke out) and uncorroborated
witness statements. In most cases, no police custody was sought at the time of
Salman, worked the machines in a dye shop at Daryaganj, his
marriage had recently been finalised. “His wedding was to happen.
An arranged marriage with a girl in Moradabad in UP. But that has
brokenoffnow.Theydonotpickupourcallseversincetheyheard
from others that he was arrested.”
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His lawyer Tamanna Pankaj said, "This person has no past criminal
record. When the country is going through a massive health crisis,
when borders are sealed and people have to be home, what was the
compulsion to arrest? What are the realistic chances of evidence being
tampered with or the person being on the run?," Talking about the
issues while working under lockdown, she said, "Courts are already
partially functioning. Media is also not able to raise this issue properly.
It is very hard to reach out to people, seek legal assistance. In the
middle of all this the home ministry is telling the police to continue
with investigations. It is clear that they are trying to break the Anti-
CAA protests by ascribing bad intentions to them. They are misusing
the lockdown to harass the protesters, activists and also the people
who do not agree with them."
Delhi Lawyers Raise Concerns
In a letter dated April 11 and made available to the media on 21 of the
month, lawyers practising in Delhi wrote to the Chief Justice of the
Delhi high court highlighting issues relating to summoning, detention
and arrest of persons by the police during the national lockdown in
connection with the FIRs registered pursuant to the February 2020
violence in Delhi. These lawyers include Sowjhanya Shankaran, Tara
Narula, Maneka Khanna and Nitika Khaitan.
They wrote:
In our limited experience with arrests in the riot-related FIRs (preceding the
lockdown), several cases had little, if any, material tying the arrestee to the
commission ofoffences allegedinthe FIR,particularly to thecommission of
serious offences such as murder, attempt to murder and arson. The sole basis
of such arrests would be, at best, the mere presence of the arrestee at the spot
as disclosed in video footage (which ignored the fact that the arrestees were

first production, indicating that the arrestee was not required for
investigation.
Moreover,thepolicehadnoreasonablebasistopresumethearresteewould
abscondortamperwithevidence.Itisonthesegroundsthatincertaincases,
bail was granted to persons arrested in the riot-related FIRs prior to the
lockdown.
Tammana Pankaj said, "When the riots happened, lots of videos went
viral, where Kapil Mishra and Bajrang Dal leaders were provoking
people. Where police officers were beating people up. If you want to
arrest arrest the culprits, why arrest people and conduct a crackdown
on a particular community and those who are opposed to an ideology
you are trying to espouse? No action has been taking against the BJP.
Justice Murlidhar was transferred overnight when he ordered for action
against people who gave hate speeches. Two months have passed, but
no action has been taken yet?"
‘Won’t Be Deterred By False Propaganda’: Delhi
Police
On 20 April, Delhi police took to twitter to put out ‘important
information.’
They said: Delhi police While investigating Jamia and NE riot cases,
Delhi Police has done its job sincerely and impartially. All the arrests
made have been based on analysis of scientific and forensic evidence,
including video footage, technical and other footprints.
Delhi Police is committed to upholding the Rule of Law and bringing
the conspirators, abettors and culprits of NE riots to books and secure
justice to the innocent victims. It will not be deterred by the false
propaganda and rumors floated by some vested elements who try to
twist facts to their convenience. We continue to work tirelessly and
relentlessly towards our motto. Shanti, Seva and Nyaya.
Jai Hind.
We'll get through this! Meanwhile, here's all you need to know about the
Coronavirus outbreak to keep yourself safe, informed, and updated.
(The Quint is now available on Telegram & WhatsApp too, Click here to join.)
First Published: 22/04/2020 at 04:04 PM
Follow our India section for more stories.

07/05/2020 Delhi riots: ‘25-30 arrests from north-east since lockdown’ - The Hindu
https://www.thehindu.com/news/cities/Delhi/delhi-riots-25-30-arrests-from-north-east-since-lockdown/article31361753.ece 1/3
DELHI
Delhiriots:‘25-30arrestsfromnorth-eastsince
lockdown’
NEW DELHI, APRIL 17, 2020 05:05 IST
UPDATED: APRIL 17, 2020 05:05 IST
Hemani Bhandari
Family members allege that policemen not letting them meet accused
in jails
Firoz Khan, who works as a driver in Delhi, was arrested during the lockdown
on April 2 in connection to the riots that broke out in north-east Delhi in
February this year. His wife Afsana (38) has visited the Mandoli jail twice
since then but has not been able to meet him so far.
The police said the arrests were being made regularly despite the lockdown
due to the COVID-19 pandemic. A senior officer said over 800 arrests have
been made so far. Advocates dealing with the riot cases said around 25 to 30
arrests have been made from the area since March 22.
Ms. Afsana from Mustafabad said she and her husband had gone to her
mother’s residence in Noor-e-Ilahi while her sons — 16 and 14 — were at
home. “The police entered our house and took one of my sons to Dayalpur
police station, which I found out from my neighbours. I went to the police
station with a few other women and the policemen said they would release
ANNEXURE P-3 (COLLY)

07/05/2020 Delhi riots: ‘25-30 arrests from north-east since lockdown’ - The Hindu
https://www.thehindu.com/news/cities/Delhi/delhi-riots-25-30-arrests-from-north-east-since-lockdown/article31361753.ece 2/3
my son only if my husband reached the police station,” she said. Firoz
eventually arrived and that was the last time Ms. Afasana saw him.
‘No clothes to change’
She said: “He doesn’t even have clothes to change and in times like these,
hygiene is of utmost importance. He is the only earning member of the
family. I don’t even know what to do and who to ask for help. I can’t even go
out. I have visited the Mandoli jail twice but they didn’t let me meet him. I
haven’t even received a call from him.”
In a similar incident, Anas (20), a resident of Mustafabad, was arrested on
April 7. His brother Israr said: “The policemen from Dayalpur called and said
they just want to a few questions but when we went, there were other boys
too. They took him into a room and that was the last we heard from him. The
next day, he was produced before the court and my father saw him but we
could not talk to him.” He added that the family is clueless in which jail he is
lodged because of the lockdown.
A senior officer said the lockdown has not hampered the investigation. “The
investigation in the cases is ongoing. There is a Standard Operating
Procedure, which is being adhered to by officers during the lockdown,” he
said.
Advocate Abdul Gaffar, along with his associates, who is representing many
of those arrested in connection to the riots, said: “According to the
information we have, around 25-30 arrests have been made from north-east
Delhi ever since the lockdown started.”
Mr. Gaffar also said advocates who are dealing with the riot cases are facing
issues because of lack of information. He said, “…an official enters the house,
makes an arrest, and sometimes takes the accused straight to jail where a
duty magistrate is already operating from nowadays. Advocates don’t even
get to know if a person has been arrested and on what charges.” He added that
often, they don’t get to know whether the person has only been detained for
interrogation or has been formally arrested.
Printable version | May 7, 2020 11:36:36 AM |
https://www.thehindu.com/news/cities/Delhi/delhi-riots-25-30-arrests-
from-north-east-since-lockdown/article31361753.ece
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07/05/2020 Families worried as riot-related arrests could lead to contracting COVID-19 - The Hindu
https://www.thehindu.com/news/cities/Delhi/families-worried-as-riot-related-arrests-could-lead-to-contracting-covid-19/article31448655.ece 1/4
DELHI
Familiesworriedasriot-relatedarrestscould
leadtocontractingCOVID-19
NEW DELHI, APRIL 27, 2020 23:09 IST
UPDATED: APRIL 27, 2020 23:10 IST
Soibam Rocky Singh
Lawyers say it is a violation of fundamental rights as detainees are
unable to avail legal remedies due to restrictions
Many families in riot-hit areas of north-east Delhi fear that those arrested by
the police during the nation-wide lockdown could contract COVID-19 while
in jail.
“The lockdown is not for the police. It is for us. Who knows one of them has
the virus. If we tell them this, they warn us not to teach them the law,” said
Farhan, a software engineer living in Chand Bagh. He had not seen his
brother since the police took him for questioning on March 31.
Mr. Farhan said his brother is a mechanical engineering student and was
taking coaching classes in Mukherjee Nagar for government services.
“The police took my brother without any notice. Later, we came to know that
he was arrested as he was featured in a video,” said Mr. Farhan, adding that
the irony is that the video is from outside our house and was taken on March
23 when there was no violence.

After the arrest, he was sent to Mandoli Jail. Due to the lockdown, we have no
way of knowing how he is, said Mr. Farhan.
Similar story
In adjoining Bhajanpura, 21-year-old Mehnaz had a similar story to tell.
“They [police] took him on the pretext of asking some questions and we have
not seen him since then,” said Mehnaz.
When the police visited the residence, her brother, who is working as a
welder, had gone out to buy medicines. “He has seizures,” said Mehnaz.
“The next day (on April 11), my brother went to the police station around 11
a.m. When he did not return till 7 p.m., we went to the station and were told
that my brother will not be released as he was spotted on the riots video,” she
said.
Mehnaz said she is worried about the well-being of her brother inside jail,
more so in view of the ongoing pandemic, as he had received bullet wound on
his back during the riots and has other medical conditions too.
Asif, a resident of Chaman Park, said he has not been able to meet his son who
was arrested in connection with the riots in early March due to the lockdown.
He added that others too from his locality are being arrested during the
lockdown period. “Most of us don’t know what is happening,” he lamented.
‘Abrogation of rights’
Lawyers providing legal assistance to the riot-hit worry that investigations
are on without giving due regard to the health, safety and fundamental rights
of the persons concerned. They said the ongoing police actions pose a
significant risk to the health of the affected individuals, their families and
the public at large in light of the pandemic.
“There has been a complete abrogation of the fundamental rights of the
persons concerned as they are unable to avail of the rights that accrue at the
stage of summoning, detention, arrest and remand due to the shutdown of
courts and unavailability of lawyers,” they said.
Advocates Seema Misra, Sowjhanya Shankaran, Maneka Khanna and Nitika
Khaitan had made a representation before a State-level High Powered
Committee (HPC), formed pursuant to the Supreme Court direction to
decongest prisons due to the COVID-19 outbreak.

In their letter, they highlighted that during the lockdown, investigating
agencies have summoned several persons to appear at police stations. “We are
aware of at least five such cases from localities in north-east Delhi,” the
advocates said.
They said many of these summonses note that failure to comply with it
would render the person liable for criminal action. However, as per the March
24 lockdown order, ordinary residents and citizens are permitted to step out
only for essential supplies such as groceries and medicines, the lawyers
argued. “In trying to comply with such summons, its recipients render
themselves liable to penal action for violating lockdown orders, and in failing
to comply with the summons, they may be liable for penal action,” the
lawyers said.
They also said that people have been directed to appear at Crime Branch or
Special Cell police stations that are at a considerable distance from their
homes, making it extremely difficult for them.
In many cases, the police are detaining people from their homes and
neighbourhoods without any notice or information on the grounds of
detention and without informing their family members , they alleged.
“Moreover, there has been a troubling pattern of the police picking up family
members of the person they seek to arrest as proxies and detaining them for
hours on end to threaten and coerce such families to produce the person they
seek to arrest,” the lawyer said.
They also brought up the issue of police not providing a copy of the FIR.
The HPC on April 18 declined to act on the letter saying, “the members of the
committee are of the considered opinion that the submissions advanced in
the representation and prayers made therein, are beyond the scope and
purview of this committee”.
Advocate Khaitan said a similar letter highlighting the above issues has been
sent to the High Court for its consideration and the response is awaited.
Printable version | May 7, 2020 11:28:05 AM |
https://www.thehindu.com/news/cities/Delhi/families-worried-as-riot-
related-arrests-could-lead-to-contracting-covid-19/article31448655.ece
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07/05/2020 How Delhi police continue to tormet Muslim survivors of the communal carnage
https://www.newslaundry.com/2020/03/30/how-delhi-police-continue-to-tormet-muslim-survivors-of-the-communal-carnage 1/21
REPORT
How Delhi police continue to torment
Muslim survivors of the communal
carnage
They live in constant fear of the police raiding their homes and taking away
mostly young men.
By Seemi Pasha
Published on : Mar 30, 2020, 4:40 PM
The coronavirus outbreak may have shifted the spotlight away from
that left at least 53 people dead and several hundred
injured last month, but there’s no end to the su ering of the victims. After
in unleashing the violence, the police are now allegedly
tormenting the Muslim survivors.
In Shiv Vihar, Chand Bagh, Chaman Park, Kardampuri, and Gokulpuri,
Muslims live in constant fear of the police taking away young men. The
police o cially admit to having detained around 2,200 people and arrested
Delhi’s
communal carnage
aiding Hindu mobs
SIGN IN
Video Report Media Opinion Podcast NL Sena
ANNEXURE P-4

at least 50, the majority of them Muslim. But the police haven’t
clari ed the grounds for the detentions.
The survivors complain that they hadn’t even mourned their relatives,
neighbours and friends yet, or come to terms with the destruction of their
homes, shops, religious places when the police started hounding them.
Plainclothes policemen who claimed to be from the Crime Branch began
taking away Muslim men almost as soon as the violence subsided, the
residents claim. They would descend on street corners where people were
standing, thrust a gun into a person’s back and order them to quietly get
into the waiting vehicle. Some men were taken away from their homes at
night. A few were issued notices to report at the police station; some of
them in fact found such notices put up outside their homes when they
returned after the violence had subsided.
A Crime Branch notice pasted on an empty house. | Seemi Pasha
The hounding hasn’t stopped even during the coronavirus pandemic.
Across neighbourhoods that bore the brunt of the carnage, Muslims say the
police’s complicity in the violence against them has destroyed the
community’s faith in the men in uniform. All that remains is fear, suspicion,
and despair.
reportedly

The police can take anyone away at will, they fear, cook up a case, and
throw them behind bars for a long time. Stories shared by those who have
already su ered at the hands of the police have only heightened the sense
of dread and despair among the Muslim survivors. Here are a few of them.
‘There’s so much fear’
Nizamuddin, a resident of Chaman Park who uses only his rst name, says
he was taken away by the Crime Branch for “questioning” and let go only
after he agreed to sign a blank sheet of paper.
“People from the Crime Branch came and invaded my house like I was some
big terrorist. I wasn’t home, so they called me up and I immediately came. I
told them whatever they wanted to know. They tried to indirectly implicate
me in the violence. They showed me videos of stonepelting and asked
where I was. I told them I was at the bank. That when I came back from the
bank, I saw riots had broken out. I waited for some time and then ed with
my children. They asked me where I went and where I had been spending
my time. I told them I had taken refuge in the Eidgah relief camp in Shiv
Vihar.”

Nizamuddin says he was freed by the Crime Branch only after he agreed to sign a blank sheet of
paper. | Seemi Pasha
He says harassment by the police is keeping survivors from returning
home.
“There were ve of us. They made us sign blank sheets of paper. They told
us ‘when you are called, you will have to come’ and we said, ‘ji janab’. The
other four men are my colony. Look, we are all Muslim and Muslims are
being picked up. There is so much fear here that people are not coming
back home.”
‘Magistrate wouldn’t listen’
Anees Pradhan, who lives barely a few hundred meters away from
Nizamuddin, shows a notice from the Crime Branch demanding that his son
join their investigation.

“The cops came looking for my son and they gave me this piece of paper.
First, they just came into our home and showed me a photograph of my son
on a mobile phone and asked if he was my son. They asked me to get him. I
told them he doesn’t live in Delhi. We have a cloth business and we need to
travel. I told them I would call him but it would take three days for him to
reach. My son got back in three days, I took him to the DCP’s of ce in Nand
Nagri and handed him over. They questioned him all night. When I went to
meet him the next morning, they said he would be booked. I asked them
why. I asked them if my son’s name had appeared anywhere or he had been
spotted on CCTV cameras during the riots or his phone’s location showed
him in some place. He had his phone on him and he was with us the whole
time. We saved the lives of nine people. They have booked him. I did my
duty…I handed over my son.”
Anees Pradhan’s son was sent in judicial custody. | Seemi Pasha
Speaking with Pradhan, it appears the Muslim survivors have not lost faith
in not just the police, but the criminal justice system as a whole.

“Our lawyers argued in court but the magistrate wouldn’t listen. He just told
us the next hearing would take place on March 25. Children of Muslims are
being blatantly picked up’, says Pradhan.
‘They are targeting my son’
Ifrahim, 70, a resident of Shiv Vihar, says policemen landed up at his home
with a picture of his son taken o Facebook.
“Some policemen came to my home at 7 in the evening. One of them
showed me a photograph of my son on his mobile phone. There was no
weapon or even a stick in his hand. They asked me if it was my son and I
said yes. I’m not the kind of person who would lie. I told them it was my son
in the photograph and I told them he wasn’t here. They asked me if they
could search my house and I said, ‘Sure, please go ahead. I am sitting here,
you can go and search my house but please don’t keep anything there. Don’t
put something there yourself and then claim that you have recovered it
from my house.’ So, they didn’t search my house. They asked me to bring my
son to the Gokulpuri police station or another one…I forgot the name.
That’s it. They didn’t come back. My son hasn’t come home since either.
They are unnecessarily targeting my son. The photograph they showed me
was taken off Facebook.”

Ifrahim has not seen his son since the police came looking for him. | Seemi Pasha
‘They told my father to sign a blank paper’
Shabnam, 30, who lived in Mustafabad’s before it was
shut down in view of the coronavirus pandemic, says her house in Shiv
Vihar and her family’s autorickshaws were set a re by the rioters. With
nowhere to go and no source of livelihood left, Shabnam and her family
have been waiting for monetary help from the Delhi government. Making
matters worse for the family is harassment by the police.
“People from the Crime Branch picked up my Abbu on March 9, just after 5
pm. They took him to the police station in Khureji. They wanted him to sign
a blank piece of paper but he refused. He told them he would sign only after
they had prepared the document. They tried to force him to sign but he
refused. They took away his mobile phone. We couldn’t reach him for
several hours. When a senior person from Jamiat-e-Ulema-e-Hind called
the police station, the cops con rmed that Abbu was with them. They told
Eidgah relief camp

him that Abbu was alright. He was allowed to leave a little before midnight.
We were all very worried.”
Shabnam at the Eidgah relief camp in Mustafabad. | Seemi Pasha
‘Should I pull my son out of his grave?’
Shabbo, 42, lost her husband in a road accident seven years ago. Her oldest
son met the same fate around two years ago. Her other son, Sohail, all of
17, is the sole breadwinner of the family, providing for his mother, his
brother’s widow, and her two children. Sahbbo says she had to send him to
work in a factory when he was barely 10 ten and he is now employed as a
tailor.
“We were all sitting at home when we heard loud sloganeering outside. We
did not pay much heed to it, but soon a mob gathered and started pelting
stones in our street. A teargas shell landed inside my house. There was
smoke all around, we couldn’t see anything and our eyes started burning.
We did not even get time to wear our slippers. We just got up and ran.”

Shabbo has been unable to nd her son since the police came looking for him. She doesn’t know if he
has been detained or has gone into hiding. | Seemi Pasha
Shabbo and her family took refuge in the Eidgah camp for around two
weeks. After returning to Chaman Park, the family found their home had
been ransacked and looted.
“I was trying to get an FIR registered but the police kept making some
excuse or the other.”
If that wasn’t enough, Shabbo claims she is being harassed by the police
now. Two days after she got back to her house, Crime Branch personnel
landed at her doorstep asking about her sons.
“The cops came to my house and said I have three sons and they were all
involved in the violence. Now you tell me, where shall I get my dead son
from? Should I pull him out of his grave? I have one son and they came to
pick him up. Now they are circling my house day and night. There are no

men in my house. I only have one son and they are after him. He is the only
breadwinner of the family. Please tell me, what should I do?”
She has not been able to nd her son since the Crime Branch o cials came
looking for him. She doesn’t know if he has been detained or has gone into
hiding.
‘Thankfully, they did not torture him’
Arif Khan, 29, who runs a fabric store in Shiv Vihar, was taken away by the
police when he went to take stock of the damage to his shop, but let go
after a few hours. His mother says she worries for his safety every time he
steps out of the house.
“My son was picked up at 3 in the afternoon and allowed to go only at 10pm.
They set our shop and our house on re and now they are picking up our
children. What kind of laws are these? My older son and daughter-in-law
were stuck in their house in Shiv Vihar on February 24. We rescued them
late that night. I don’t know who went inside after that but it was burnt
down. I don’t know why the police picked him up. Thankfully, they did not
torture him. Our shop was burnt down. My son had gone there to get it
cleaned up.”

Arif Khan’s mother says her son was taken away when he went to check on their burnt
shop. | Seemi Pasha
Muslim residents accuse the police of detaining even the survivors who go
to register complaints at police stations. Instead of providing a helping hand
to the victims who are struggling with the loss of life and property, the state
machinery, they allege, is adding to their misery.
Attempts by this correspondent to get a response from the police to these
allegations were met with silence. It’s quite surprising that instances of their
brutality and harassment have been widely reported, yet the police are
barely trying to even deny wrongdoing.
‘Malicious intent’
It’s not just the survivors of the carnage who are su ering at the hands of
the Delhi police. Muslim activists involved with the protests against the
citizenship law are being hounded as well. Prominent among them are
Khalid Sai and Ishrat Jahan.

Khalid Sai ’s of ce. | Seemi Pasha
They were arrested after the police shut down the protest at ,
one of Delhi’s several “other Shaheen Baghs”, on February 26. At the time,
violence was still raging on in North East Delhi.
Here’s a lowdown on Sai ’s arrest and police custody:
The FIR claims the police were on a ag march in the area when
violence broke out near the Khureji Khas protest site. Stones were
pelted and a shot red that barely missed a policeman. The police were
forced to re in the air and lathicharge the protesters. Regardless of the
veracity of these claims, video footage shared on social media shows
the police targeting the protesters without provocation. Not only that,
the police can be seen taking down art installations put up by the
protesters, dismantling their tent and smashing CCTV cameras in the
vicinity.
Khureji Khas

Kashif Ahmed Faraz
@kkkash_if
When Police barged in protest site at Khureji and started
damaging everything, Khalid Saiﬁ tried to talk Policemen and
later he was framed with attempt to murder charges.
Various video evidences proved that Police was the party with
rioters in Delhi Violence#ReleaseKhalidSaiﬁ
122 8:30 PM - Mar 23, 2020
103 people are talking about this
Siddharth Setia
@ethicalsid
.@DelhiPolice destroying CCTv Cameras near Khureji Khas
Protest site.
This is tax payers money no? #ShameOnDelhiPolice
#DelhiViolence

Sai ’s wife, Nargis, claims he was home till about 1 pm when he started
getting calls saying the police were assaulting women at the Khureji
Khas protest site and ring in the air.
“At around 1.15 pm, he left the house. He was arrested while he was walking
towards the protest site. Lots of people saw him being cornered by the cops
and being arrested. They shot videos of his arrest which have gone viral on
the internet. The cops didn’t speak to him, there was no provocation, they
just arrested him.”
Nargis’ statement and videos showing Sai approaching the police on
an empty stretch of road contradict the report led by the police. The
FIR, which was registered at the Jagatpuri police station, claims that Sai
was at the protest site at the time and he was held after he incited
protesters to throw stones at the police.
3,794 4:22 PM - Feb 26, 2020
3,062 people are talking about this
Prashant Tandon
@PrashantTandy
Khalid Saiﬁ an @UAH_India activist has been tortured in
custody by #DelhiPolice. His brother told me that police has

broken his both legs. Moments before arrest he is seen walking
on his feet in video. He was in wheel chair when produced in
court.#FreeKhalidSaifi #DelhiBurning
62 12:20 AM - Feb 28, 2020
Abul Aala Subhani
@abulaalasubhani
Khalid Saifi is one of the very favourite persons among social
activists, targeted falsely by Delhi Police.... #ReleaseKhalidSaifi

Sai was made to walk to the police station, which is less than 500
meters away from the spot where he was held. A video of him walking
on the road, escorted by policemen, was widely shared on social media
as well. After his arrest at around 1.30 pm, Sai and other detainees
were kept in custody all day and lawyers who tried to meet them were
assaulted inside the police station and thrown out. His lawyers claim
Sai was tortured in custody and then rushed to Lal Bahadur Shastri
Hospital for rst aid. At 9 pm, he was produced before the duty
magistrate in the parking lot of the Karkardooma Court and remanded
in judicial custody, along with Ishrat Jahan, a lawyer and activist, and
Sabu Ansari, a factory worker.
Nargis says she was shaken when she came face to face with her
husband in Mandoli jail the next morning.
“When I went to meet my husband, I found him sitting on a wheelchair! A
man who had walked out of his house on his two feet, who was arrested
while he was walking on the road, who was made to walk to the police
station…I found him sitting in a wheelchair with bandages on both his legs.
He told me he had been brutally tortured. I don’t think they even treat
criminals like that. How could they torture an innocent man? He has a
fracture in one leg and the muscles in the other leg are completely
damaged. I could see bruises all over his arms.”
149 6:29 PM - Mar 23, 2020

Nargis broke into tears as she recounted meeting her husband in police custody. | Seemi Pasha
By producing him before the duty magistrate outside court hours, the
police ensured that no one could see that Sai had been tortured.
When he was produced before the court again on March 11, Sai was
wheeled out in a wheelchair. His legs were in a cast, suggesting
fractures in both legs, and two ngers of his left hand were wrapped in
white plaster. It’s shocking that the magistrate on duty on the night of
February 26 sent Sai in judicial custody, for almost two weeks, without
questioning the police about his injuries. And even the second time Sai
was produced in court, repeated attempts by his lawyers to highlight
his torture in custody were completely ignored.
The police booked Sai under the Arms Act, alleging that he had
provided a ‘desi katta’, or a country made pistol, to someone. In their
See what Dev!l police has done with Khalid Sai .
pic.twitter.com/0xfXJVVh3F
— Ajim Premiji (@Polytikle) March 11, 2020

reply to Sai ’s bail application, the police claimed that one Mohammad
Saleem had also been booked for the same crime. When the judge
asked the police how many country made pistols had been recovered,
the police admitted that Saleem’s name had been incorrectly copy-
pasted from another reply to a bail plea.
The sessions judge observed that the charges against Sai were largely
bailable and asked the police to reconsider the evidence against him
and whether any other charge was made out. Before the next hearing,
scheduled to be held in the Karkardooma court at 4.30 pm on March
20, the police served Sai a notice asking him to join the investigation in
connection with another FIR naming him. This second matter was listed
before the Patiala House Court at 2.30 pm. Sai was reportedly taken
there but not presented before the magistrate. Based on the police’s
request for further interrogation, the court sent Sai back in police
custody for six days, despite allegations that he had been tortured the
rst time around. So it happened that the Karkardooma court too
denied Sai bail when the matter came up for hearing.
The original FIR registered by the police on February 26 names Sai ,
Ishrat and Ansari as the main accused. It also names Sameer Pradhan
Khureji, Saleem Gunda, Vikram Thakur, Haji Iqbal Khureji, Hashim,
Sameer aka Shamim, Bilal aka Lamba, Anjar aka Bhura, Shareef Khureji,
and Yamin Cooler Wala, among others.
It is not clear if all of the 13 people mentioned in the FIR were arrested
by the police but family members of Ishrat and Ansari claim they too
were tortured in custody. Ishrat was granted bail on March 20 by the
Karkardooma court but the police served her a notice asking her to join
the investigation in connection with another FIR. The end result: she is
still behind bars.
Ansari, 20, who reportedly works in a factory in Pune where car seats
are stitched, was detained from the protest site as well. His family
claims he was visiting home and was out with friends on the night of
February 25. It got late and he decided to sleep at the protest site. They
woke up to the police ring in the air and assaulting the protesters. His
brother Fareed claims when he went to meet him in custody, Ansari
showed him bruises on his back. He continues to be in judicial custody.
His bail plea was scheduled to be heard again on March 26, but the
court wouldn’t sit in view of the coronavirus pandemic. The bail
applications of Sai and Israt are scheduled to be heard on March 31.
It’s not yet clear if they would be heard, however.
'Mistaken identity or harassment?'

Along with Ishrat, the Karkardooma court on March 20 also granted bail to
Samir, Mohd Salim and Vikram Thakur. “As per the story of the prosecution,
‘Mohd Salim’ is also known as ‘Samir Pradhan Khureji’. If one looks at copy
of identity documents xed along with a davit of Sheroon, wife of Mohd
Salim, all the said documents record only one name ie, Mohd Salim, and
‘Sameer Pradhan Khureji’ is not mentioned in any of his identity
documents,” the court observed. “Said documents were given to the IO for
veri cation but IO has only replied with respect to volunteer I card of
applicant Mohd Salim, stating that the said I card was issued by Beat In
charge on demand.”
What this essentially means is that the police picked up Salim and kept him
in custody for almost a month while trying to pass him o as Sameer
Pradhan Khureji.
The court also made the following observation while granting bail to Vikram
Thakur. “Applicant Vikram Thakur has also disputed that he is only known
by the name of ‘Vikram Pratap’ and not as Vikram Thakur, which is also
shown by his counsel vide copy of election I card and Aadhaar card led
with the application.”
In this case too, it seems the police picked up a man named Vikram and
decided that ‘Thakur’ would be a more convenient surname for him, as
opposed to his real surname.
One could perhaps laugh at the police but for the thought of what these
men have been put through to frame them in a criminal investigation. Call it
loopholes, gross negligence, or criminal misconduct but the role of the
Delhi police in all this has exposed their sheer disregard for fairness and for
human rights and dignity.
Delhi carnage: The story of one mob, two drains,
and ve murders
Khureji: Delhi’s ‘other Shaheen Bagh’ and how it
was shut down
Delhi riots 2020 Delhi Riots Police Brutality
Related Stories
Also
Read:
Also
Read:

07/05/2020 Minorities panel notice to Delhi Police for 'random' arrests of Muslims everyday for riots
https://theprint.in/india/minorities-panel-notice-to-delhi-police-for-random-arrests-of-muslims-everyday-for-riots/396224/ 1/4
Minorities panel notice to Delhi Police for
‘random’ arrests of Muslims everyday for riots
Delhi Police insists it is well within rights to make arrests, says
investigation in February communal riots didn't stop during lockdown
so arrests shouldn't stop either.
FATIMA KHAN
6 April, 2020 3:38 pm IST
New Delhi: The Delhi Minorities Commission (DMC) has issued a notice
to the Delhi Police Commissioner S. N. Shrivastava on the grounds that
police oﬀicers have been “arresting young Muslim boys by their dozens
every single day” from northeast district, and that the arrests have
continued even after the lockdown.
The Delhi Police has been arresting people from various parts of northeast
Delhi in connection with the February riots since last month. The
communal riots left at least 53 dead, and several injured.
The notice, dated 3 April, says that the “trend of randomly arresting young
Muslim boys of the northeast district is not acceptable” and asks the
police to desist from it.
“These are random because a police force would descend on an area in
early morning and randomly arrest all Muslim boys in the range of 20-30
years of age,” Zafarul Islam, the DMC chief, told ThePrint.
Islam said people have been arrested on the basis of CCTV footage, when
they could only have been passers-by or onlookers.
“Now there are thousands of CCTV cameras in every area and anyone can
be easily picked up and framed. Many families in northeast Delhi have
sent away their young boys to their villages or to relatives fearing such
blind arrests,” he added.
The notice also cites allegations of police arresting individuals in order to
extract bribes from them. “Some police oﬀicers are using arrests as a
A neighbourhood vandalised in northeast Delhi during the riots | Photo: PTI file
Text Size: A- A+
ANNEXURE P-5

pretext to extract huge sums of money as bribes or ransom money which,
if paid, will ensure the freedom of the arrested youth,” it states.
Islam said the commission is yet to receive a reply from the police
commissioner.
Also read: Delhi crime rate drops 42% since 15 March, close to 2,000 cases
registered
Investigations haven’t stopped, so why should arrests:
Delhi cops
The Delhi Police has said it is well within its rights to continue arrests
during the lockdown period.
“No investigations have halted due to the lockdown, then why should
arrests stop? These are arrests based on legitimate investigations,” Joint
Commissioner of Police (northeast Delhi), Alok Kumar, told ThePrint.
While Kumar said there isn’t yet “a specific number” on the number of
arrests pertaining to the riots, the affected should complain if they think
there has been an error.
“Instead of sweeping allegations against the police, people should come
forward and approach senior officials with specific complaints against
investigating officers,” he said.
The DCM notice also alludes to videos doing the rounds on social media,
of Muslim women allegedly from Mustafabad protesting against the
arrests. “Muslim women in Mustafabad came out protesting against this
objectionable and dubious activity.” the notice says.
Kumar said the police have taken cognisance of the video.
“I have been noticing since the beginning that people are trying to create
an impression that only innocents are being arrested. This isn’t true,” he
said. “Shops were burnt, houses were set on fire. All this happened in
northeast Delhi. So people can’t act like saints now.”
Also read: Delhi Police will now track quarantined patients through
mobile location, says Kejriwal
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BAIL APPLICATION NO. 755/2020 Page 1 of 7
ANNEXURE-6
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLICATION NO. 755/2020
SHADAB ALAM …..Petitioner
Represented by:
Versus
Mr.Siddharth Aggarwal, Adv.
with Ms.Tara Narula, Adv.
STATE ....... Respondent
Represented by: Ms.Manjeet Arya, APP the
State with Inspector Ved
Prakash, SHO, P.S.Dayalpur
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R
% 10.04.2020
1. The hearing has been conducted through Video Conferencing.
2. By this application the petitioner seeks regular bail in case FIR No.57/2020
registered at Police Station Dayal Pur for offences punishable under Section
147/148/149/427 IPC and Section 3 of the Prevention of Damage to Public Property
Act, 1984 (PDPP Act).
3. The case of the petitioner is that the petitioner has not been arrested in any
other FIR and is not involved in any other offence. As per the status report now filed,
the witness who gave the source information also signed the arrest memo. However,
till date, copy of the Arrest Memo has not been supplied to the petitioner or his
family members. As a matter of fact, on 28th February, 2020, an
Text
ANNEXURE P-6

ANNEXURE-6
application was filed on behalf of co-accused Mohd.Raees and Nadeem alleging that
several persons including Mohd.Rahis and Mohd. Nadeem were in illegal detention
since 24th February, 2020 and they cannot be illegally detained like this and they be
released. The learned Additional Chief Metropolitan Magistrate called a report on
the said application for 29th February, 2020. Once the said application was received,
petitioner alongwith other nine persons were shown to be arrested on 28th February,
2020 in early morning and were produced for judicial remand before the learned
Duty Magistrate on 28th February, 2020 itself. No police remand was sought before
the Duty Magistrate, hence the accused were remanded to Judicial Custody. As the
accused alleged illegal confinement since 24th February, 2020, the learned Duty
Magistrate while granting judicial custody directed the Jail authorities to conduct
their medical examination. Though the MLC got prepared by the police of the
petitioner on 28th February, 2020 stated no fresh injury and that there were old
injuries over the back, the medical examination of the petitioner conducted at the
jail revealed bruise marks on the back, buttock and thighs. No video footage of
nearby places have been collected by the police till date. There has been no recovery
from the personal search of the petitioner and thus there is no physical evidence of
the involvement of the petitioner in the alleged offence. However, there is no
evidence till date that the petitioner participated in the offences alleged.. The
petitioner works with a pharmaceutical shop where one Naved was also working and
both of them were arrested together on the evening of 24th February, 2020 from the
shop. The video footage of the shop shows police coming to the shop on the 24th
February, 2020. A PCR call in this regard was made by the father of Naved on 25th
February, 2020. When the first remand application was filed, Section 436 IPC was
added. There is no evidence till date that the petitioner is involved in the offence of
Section 436

ANNEXURE-6
IPC which has been added lateron. Thus, there is no evidence as yet against the
petitioner showing his involvement for any offence punishable with more than seven
years of imprisonment and hence the petitioner is not only entitled to the benefit of
bail as per the decision of the Supreme Court in Arnesh Kumar vs. State of Bihar,
(2014) 8 SCC 273, but also in view of the decision of the High Power Committee of
this Court. In any case, by the subsequent meeting, the Committee has relaxed and
directed release of the prisoners who are alleged to be involved in offences
punishable upto ten years imprisonment. Though the petitioner is not seeking any
benefit from the decision of the High Power Committee, however, seeks exercise of
judicial discretion in view of the evidence collected by the investigating agency till
date. The petitioner also does not claim benefit due to the prevailing lockdown
situation as the bail application of the petitioner was filed even prior to the lockdown
being directed however, since there is lockdown, the petitioner cannot go anywhere
or tamper with any evidence. Further, Section 3 of the PDPP Act has been wrongly
invoked for the reason even as per the FIR and the recoveries made, the Scooty,
motorbikes, TSR and the Maruti Alto car allegedly burnt were not "public property"
in terms of Section 2(b) of the PDPP Act as the same do not belong to the
Government or any other authority controlled by the Government. Reliance is placed
on the decision in case of Munir Babu vs. State of Kerala. It is further contended that
Section 436 IPC is also not applicable as no dwelling house has been burnt. In any
case, there is no witness or no CCTV footage showing that the petitioner was the
one who set on fire the vehicles or the shops.
4. Learned counsel for the petitioner states that immediately after FIR
No.57/2020 was registered wherein the petitioner is allegedly involved, FIR
No.58/2020 was registered at Police Station Dayal Pur where ten persons were

ANNEXURE-6
arrested and all those persons have been granted bail. The impugned order passed by
the learned Sessions Judge is erroneous for the reason it notes that the petitioner was
arrested at the spot, whereas even the case of the prosecution is not that the petitioner
was not arrested at the spot on the intervening night of 23rd - 24th February, 2020.
5. Ld.APP for the State, on instruction from SHO, P.S.Dayal Pur, who is also
available alongwith the file through video conferencing, states that during the course
of investigation statements of two shop owners in the area have also been recorded
as per which 4-5 shops were vandalized and later burnt. Statement of Mohd. Mumtaj
of Sanjar Hotel Chicken has been recorded who stated that at 8.00
p.m. on 23rd February, 2020 his shop was first vandalized and thereafter torched.
The eye witness has signed the arrest memo indicating his identification and the
petitioner being involved in the offences. Father of the petitioner was telephonically
informed of the arrest of petitioner by ASI Hukum Singh. Even if the
motorcycles/car do not fall in a dwelling unit, by burning shops in the area, the
petitioner and co-accused have been found to be involved in offence under Section
436 IPC which is punishable upto ten years of imprisonment. The spot referred to
by the learned ASJ in the impugned order means the spot where the petitioner and
other co-accused persons were planning to commit further offence on 28th February,
2020. It is submitted that since the investigation is still going on, no bail be granted
to the petitioner at this stage.
6. Heard learned counsel for the parties.
7. The above noted FIR was registered on 24th February,2020 after large scale
riots took place in the area of Police Station Dayal Pur. This particular FIR relates
to the incident which took place on the intervening night of 23rd -24th February,
2020 at Sherpur Chowk wherein the allegations are as under:-

ANNEXURE-6
"Sir, Duty Officer Police Station, Dayalpur, Delhi It is humbly
submitted that I ASI on receipt of DD No. 93A dated 23.02.2020 along
with Ct. Pawan Kumar No. 1139/NE reached at the place of Incident
Sherpur Chowk where several peoples were gathered separately in
two groups of different community and were raising slogans against
and in favour of CITIZEN AMENDMENT ACT. People of one
community were saying that they will not allow CCA to come in force,
it is against India and people of Other community were saying that
CAA is necessary for India they were raising slogans. I SI upon
observing the situation at the site informed about the position through
Phone to SHO Sir about this, who along with force came at the site
and he through LOUD HELLER requested the mob that this
gathering is crowd is illegal and ordered them to
.remove from that place but the mob did not move from there and
within few moments stone pelting started from both the sides. Cars
standing there were put on fire, and glasses of various vehicles were
broken by mob and Punjab Chicken C/o Chandu Nagar was also put
on fire. Fire brigade called at the place of incident, which controlled
over the fire and senior officers along with force scattered the crowed
from the spot and inspected at the place of incident and found that (1)
one burnt motor cycle near Punjab Chicken, (2) four motor cycles
were found burnt near divider, (3) one car Maruti Alto found burnt,
(4) several TSR found burnt, (5) glasses of several cars found broken,
owners of cars ran away with their cars from the spot etc. found there.
Crime Team North East was called and photographs were taken. The
scattered crowd which again gathered near Moonga Nagar near
Chand Bagh Puliya and again started pelting stones on each other. I
ASI along with force reached at Munga Nagar, Chand Bagh Ki Puliya
and again scattered the crowed. Thus from the inspection at the place
of incident and from all PCR Calls and on inquiry from local persons
crime under section 147/148/149/427 IPG and 3 PDPP Act found
committed therefore Ct. Pawan Kumar No.ll39/NE along with Tehrir
sent to Police Station for registration of the case. Case be registered
and case number be informed to me ASI I am busy at site in the
investigation. Date and time of incident 23.02.20 at 9.00 PM to 12.00
PM. Place of Incident: Between Sherpur Chowk to Monga Nagar
Chand Bagh

Bk cr pc complete application with annexures

Bk cr pc complete application with annexures

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