Dystopia In Delhi

In June last year, in an article for Outlook, I had pointed out how Delhi Police, at the beh­est of their political masters, played the role of an active conspirator in the February 2020 Northeast Delhi carnage. The carnage, I had arg­ued based on the facts on rec­ord, was let loose by elements with a Manuwadi mindset on primarily the Muslim community as retribution for the peaceful protests against CAA and NRC.

The anti-CAA/NRC protests, led as they were by Muslim women, had written a new chapter in our history of peaceful protests—a powerful tool for citizens to raise democratic dissent against the ruling party. The collective, peaceful and sustained demonstration had made the ruling party think of non-conventional ways of suppression. The result was wanton assault by right-wing cadres, with full aid and support of elements of Delhi Police—and I say this with all responsibility—which, in turn, led to the killing of a many inn­ocent people, aside from looting and arson directed at predominantly Muslim households.

The connivance of Manuwadi forces in the government, Delhi Police and among the right-wing cadre is not only writ large by their presence through this carnage but also by the use of a copybook strategy deployed in several similar ins­tances in the past, particularly those targeting religious minorities and other oppressed sections like the scheduled castes and scheduled tribes. This strategy is the misuse of pliant police officers in facilitating such horrendous attacks and then falsely implicating those who had act­ually fallen victim to the crimes. Next comes intimidation of the victims through various means—raids, arr­ests, police torture et al. And then, through an ever-yielding media, the system—government and its police—brands the community of victims as anti-nationals and terrorists with such ferocity that not just common masses but even judicial officials are dulled into buying the false narrative, thus created.

I had illustrated earlier how a mysterious ‘ghost informer’ had led to the arrest of so many innocents under the draconian Unlawful Activities (Prevention) Act (UAPA). On the other hand, complaints by actual eye-witnesses were ignored. A year on, many more ghosts and skeletons have tumbled out. And so, once again the entire might of the State is being employed to serve the political interests of a few. I, once again, put forth a list of facts and events for anyone interested in knowing the truth.

Endless complaints have been made to various authorities—from the Prime Minister’s Office to the National Human Rights Commission—against the active involvement of Delhi Police officers in the carnage and also about their role in further victimising the victims. Facts have been est­ablished about attempts to dissuade victims from complaining against actual culprits and also about Muslims being falsely implicated in cases of murder and ass­ault against members of their community during this carnage.

The casualty has been the observations made by the Supreme Court in the landmark Pooja Pal v. Union of India judgment. “Successful investigations are based on fidelity, accuracy and sincerity in lawfully searching for the true facts of an event under investigation and on an equal faithfulness, exactness and probity in reporting the res­ults of an investigation.” Through the course of the ongoing legal battle in these cases, we saw how Delhi Police successfully got app­ointed Special Public Prosecutors (SPPs) of their own choice in complete violation of the law. The Delhi Prosecutors Welfare Association (DPWA) was forced to file a PIL against the app­ointments in the Delhi High Court; the petition, though, is still pending adjudication.

On July 8, 2020, Delhi Police had issued an office order. Excerpts from this order are instructive and need to be reproduced: “As per an int­elligence input, arrests of some Hindu youth from the Chand Bagh and Khajuri Khas areas of Northeast Delhi recently in connection with Delhi riots has led to a degree of resentment among the Hindu community there. Community representatives are alleging that these arrests are made without any evidence and are even insinuating that such arrests are being made for some personal reasons. In the same area, resentment among the Hindus is also reported for alleged police inaction against Mohd Rashid s/o Mohd. Shafique and Mohd Azam Khan… Due care and precaution be taken while arresting any person. All evidence, including direct and technical evidence, be properly analysed and that the arrests are backed by sufficient evidence be ensured. No arbitrary arrest should be made in any case and all evidence must be discussed with Special PPs assigned for each case.”

While disposing a petition—Sahil Parvez & Anr v. Government of NCT of Delhi & Ors—that I had filed against this office order, the Delhi High Court was constrained to obs­erve the following: “This Court hereby makes it clear that the IOs of the cases shall deal with the cases in accordance with law and shall not take into consideration instructions issued vide order dated 08.07.2020, whereby it is stated that the evidence must be discussed with Special PPs assigned to each case.” The court had also suggested that “investigating aut­horities must not create any bias on the basis of any instruction issued by the senior officers which is not recognised under any law”.

As is now common knowledge, lawyers appearing for victims of the carnage and those falsely accused of heinous crimes are being prevented from performing their professional duties. A lawyer colleague and I have both been raided in an illegal manner. These raids, although widely criticised, are a big deterrent for members of my fraternity from acc­epting similar cases.

A total of four special courts have been designated to handle all the Northeast Delhi violence cases. These courts have, in cases qua members of the Muslim community, given several findings. One of the findings reads: “After going through the bail applications, reply and particularly charge sheet (sic), I cannot help but notice the carelessness with which the charge sheet has been prepared and filed. The investigation carried out is perfunctory. The list of witnesses filed mentions some witnesses. However, no statement u/s. 161 CrPC of any of the witnesses has been filed with the charge sheet. The charge sheet was filed… in a very lackadaisical manner.” As if this indictment from the court wasn’t enough, the charge sheet of the alleged main conspiracy submitted by the Delhi Police’s Special Cell, names of 15 protected witnesses were rev­ealed by the police—this in itself is a penal offence under Section 144 of the UAPA. Yet, no action has been taken by any court against any police official despite glaring evidence of their involvement in criminal acts.

The above facts illustrate a gloomy picture. However, all is not lost. The Indian Constitution and our laws are capable of ensuring justice to the oppressed—albeit after a lot of hard work and perseverance. The police raid at my office signalled that the high and mighty were finally realising that we were slowly but steadily inching towards exposing the truth of the Northeast Delhi violence. The raid at my office was a positive development—it established once again that no matter how depres­sing the present may seem, we mustn’t lose confidence in our Constitution because, in the end, it will always prevail against injustice.

(Views are personal)

The author is an Ambedkarite and a lawyer representing several victims and accused in the Delhi riots