New Delhi, May 8 The Delhi High Court on Monday ordered that statement of a man, who was forced to sing the national anthem and national song 'Vande Mataram' during the 2020 Delhi riots, be recorded before the magistrate concerned under the CrPC's Section 164 within one week's time.
Mohd Wasim has alleged that the victim was forced to sing the national anthem and then beaten to death.
The court's direction came as Justice Anup Jairam Bhambhani heard a petition requesting a court-monitored investigation into the man's death.
The petition was filed by Kismatun, the mother of the deceased Faizan, who is seeking a court-monitored Special Investigation Team probe into her son's death.
In a video that surfaced on social media, Faizan was seen being beaten by the police and forced to sing the national anthem and the national song along with four other Muslim men.
Kismatun has alleged that the police illegally detained her son and denied him crucial medical care, which led to his death on February 26, 2020, after he was released
During the proceedings, advocate Mehmood Pracha, who represented Wasim, requested to intervene and claimed that Wasim was was a minor who was also beaten by the police along with the deceased. He stated that he was an eyewitness to the incident and the events that unfolded later at the police station.
Counsel for the Delhi Police, Amit Prasad, countered by saying that Wasim did not cooperate in getting his statement recorded, despite being asked to do so.
The court ordered that Wasim must be produced before the magistrate concerned within one week for recording his statement under section 164 of the Code of Criminal Procedure, and a copy of the statement should be placed on record.
The petitioner's advocate, Vrinda Grover, presented a video to the court and claimed that the deceased was the target of a "targeted hate crime".
Arguing that there needs to be a court-monitored investigation to hold erring officials accountable and to break the "brotherhood of khaki", she said that there were two sets of police officers responsible for the custodial death of Faizan.
She alleged that the deceased was first beaten by a group of police officers as seen in the video footage and later, illegally detained, further beaten, and denied medical care at the police station.
Grover stressed that the deceased was not involved in rioting and that the post-mortem report showed an increase in the number of injuries sustained by him during his detention at the police station.
She accused the police officials of suppressing and falsifying records in the matter.
Grover submitted that three years have passed, and the ongoing investigation inspires no confidence.
"This (ongoing) investigation inspires no confidence..I do not know an accused who is not in khaki and will not be arrested (under similar circumstances) and taken for custodial interrogation. I am seeking fair investigation," she said.
When the court observed that a status report filed by the police in a sealed cover "itself contains information that is damning", Grover remarked that everything is in their knowledge yet no action takes place.
To this, Prasad said that the matter was not adversarial.
"The documents in connection with the death have been preserved and are in safe custody. We can produce them before the court if asked," he said.
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