- Apprentice Lawyer
The Delhi High Court on Thursday issued notice in a petition seeking a fair and impartial probe into the events surrounding a video showing five Muslim men being brutally assaulted by police during the riots that took place this year (Kismatum vs State).
In the video that went viral, at least six police personnel were seen physically assaulting and beating five Muslim men while forcing them to sing the national anthem.
A status report from the Delhi Police was sought by a Single Judge Bench of Justice Suresh Kumar Kait in the petition preferred by the mother (petitioner) of one of the injured persons who passed away.
Invoking the right to fair and impartial investigation and right to justice under Articles 21 and 14 of the Constitution of India, the petitioner has sought a court-monitored, time-bound investigation by a court-appointed Special Investigated Team (SIT).
The petitioner has alleged that the Delhi Police illegally detained and denied critical medical care to her deceased son.
It has been submitted that the petitioner's son was in the control and custody of the policemen from the time he was wrongfully confined and assaulted on February 24 till he was finally released in a precarious health condition on February 25. A day later, the petitioner's son passed away in a Delhi hospital.
"It was only when Faizan's condition turned precarious and it appeared that he may not survive due to the injuries, that he was released from Jyoti Nagar Police Station. Faizan died due to the brutal assault meted out to him by policemen who had complete custody and control over him, and further due to the denial of access to critical medical care by the policemen at Jyoti Nagar P.S. The mere release from the police station prior to his death would not absolve the policemen of having committed murder in custody, and the Petitioner is seeking justice for the same," the petition reads.
The petitioner states that in spite of the deceased narrating the cause and circumstances of his death in his dying declaration, the investigation has only parroted the police narrative.
Refuting police claim that the deceased stayed at the police station voluntarily, the petitioner has argued,
"The police's claim belies logic and is patently an afterthought to prop up a false counter - narrative regarding Faizan's illegal detention, denial of timely and urgent medical treatment, which led to his death.."
The petitioner has pleaded that it should be ensured that the rights guaranteed in the Constitution are not trampled over by the brotherhood of Khaki.
Advocates Vrinda Grover and Soutik Banerjee appeared for the petitioner.
The matter will be heard next on February 1.