Court orders FIR against SHO, says cops were engaged in hate crime

The Karkardooma court recently gave directions for the registration of an FIR against the then Station House Officer SHO of Jyoti Nagar Police Station and other officers involved in a hate crime during the 2020 Delhi riots where the victim was allegedly forced to sing the national anthem The court also asked the victim to approach the special MPMLA court to file an FIR against Kapil Mishra citing his status as a former MLAJudicial Magistrate First Class JMFC Udhbhav Kumar Jain gave the direction for registration of FIR and held that the SHO PS Jyoti Nagar Tomar and other unknown police officials engaged themselves in hate crimes against the complainant victim and they cannot be protected under the garb of sanction as alleged offences committed by them cannot be said to have been committed while acting or purporting to act in the discharge of their official dutyThus FIR be registered under sections 295A deliberate and malicious insult of a religion or religious belief 323 342 506 IPC against the SHO PS Jyoti Nagar Tomar who was holding the said post in FebruaryMarch 2020 the court ordered on January 18The court directed the Current SHO to depute a responsible officer not below the rank of Inspector to conduct investigation in the present matter and role of other unknown police officials involved in the commission of alleged offences can be ascertained during investigationThe direction has been passed on a complaint filed by Mohd Waseem for registration of FIR against Police officials and othersThe court noted that the ATR filed by the IO merely denies the allegations but has failed to provide any substantive steps taken for conducting preliminary inquiry which is not even mandatory in each case as per the judgement passed by the Apex Court in Lalita Kumari vs Government of UPThe ATR is also silent on the aspect of CCTV footage about the date of the alleged incident which should have been inquired by the IO Thus inquiry about alleged actsoffences against the complainant has not been conducted properly the court addedThe court said that while the ATR in the present matter was called regarding the complete allegations made by the complainant it seems that the IO was more concerned about the police officials and either he failed to inquire about the alleged accused no3 or he tried to cover up the allegations against the said accused The ATR is completely silent to himThe court has asked the complainant Mohd Waseem to approach the special court for a direction of FIR against Kapil MishraThe court said that the alleged accused no3 Mishra is in public eyes and is prone to more scrutiny such persons in the society direct the coursemood of the public at large and thus responsible behaviour within the ambit of the Constitution of India is expected from such personsThe alleged accused no3 being a former MLA only Special Courts can try offences against sitting or former MPsMLAs Hence the complainant must approach the concerned court qua alleged accused no3 the court said in the orderThe allegations in the complaint are that on 24022020 the complainant left his house around 0330 PM in search of his mother amidst the riots situation there was unrest and discord amongst people outsideThe complainant had approached the court through advocate Mehmood Pracha The complainant alleged that when he reached one Mohalla Clinic to look out for his mother whereupon he identified one Kapil Mishra as the complainant had seen him on news The alleged accused Kapil Mishra has gathered with an unlawful assembly and allegedly led the unlawful assembly The unlawful assembly was out of control and it is further alleged that a loudspeaker was handed over to the alleged accused Kapil Sharma by a Delhi Police Official himselfIt is alleged that Kapil Mishra had fired gunshots at the protestors and the accomplices of the alleged accused Kapil Mishra and other rioters started shooting throwing stones petrol bombs etc at the protesters Then the police started firing tear gas shells at the protesters with a thick cannon gun which resulted in dense smokeThe complainant tried to escape from the rioting area but fell It is alleged that the policeman had caught the complainant and started abusing and beating him The complainant saw that the personnel of Delhi Police were fully supporting the alleged accused Kapil Mishra and his companionsIt is further alleged that soon after the above mentioned incident SHO PS Jyoti Nagar came and told his fellow policemen to throw the complainant at the same place where his fellow mates were lyingThen four of the policemen picked up the complainant and threw him at the place where other injured people were lying already These policemen started beating them and asking them to sing the national anthem and also made them chant slogans of Jai Shri Ram Vande Mataram etc and three policemen were also making video of this incident it is allegedIn July last year another similar matter was transferred by the High Court to the CBI for an investigation into the forced singing of the National anthem and beating of one Faizan who had succumbed to his injuriesThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever