A Delhi Court has sought a status report from the Delhi Police on two pleas for registration of an FIR against BJP leader Kapil Mishra and others for their alleged complicity in the Northeast Delhi riots.
The two applications under CrPC section 156 (3), seeking direction for registration of FIRs, were filed before the Chief Metropolitan Magistrate at Karkardooma Court, who issued notice to the Delhi Police and directed them to file a status report, said the applicants’ lawyer Mehmood Pracha. He added: “The complainants approached the court only after Delhi Police refused to register an FIR against the accused named in the complaints of heinous crime.”
The two applications for FIR against Mishra have been filed by Zakir Malik and Mohd Jami Rizvi. Mishra, when contacted, said that “some forces who want to divert the attention from truth are trying to fabricate false complaints against Delhi Police and me”.
Rizvi, a resident of Yamuna Vihar who claims to be an activist, confirmed he had filed the application before the Delhi court. He said the matter is listed for hearing on August 13. Malik, resident of Nehru Vihar, also confirmed he had approached the Delhi court on March 12. The next date of hearing is July 20.
Rizvi, in his application before the Delhi court, said that on “February 23, around 2.00 pm, attempts were being made to disturb the peace and harmony of the area. To disturb the peace, a mob of 20-25 individuals were raising provocative slogans and chants of ‘Kapil Mishra tum lath bajao hum tumhare saath hain. Lambe lambe lath bajao hum tumhare saath hai. Mullon par lath bajao hum tumhare saath hain’…”
The complaint alleges that Mishra and a “few of his henchmen armed with guns…. gathered there and started shouting communal, casteist chants and slogans,” and that his “henchmen attacked the protestors gathered at Kardampuri with stones”.
It said “this was being done in full view of the police personnel present there, and instead of stopping them, the personnel were facilitating and helping their acts”.
Responding to the allegations, the Delhi Police said, “When the police went to record his statement, it was discovered that he had given a false address in the complaint… He was not even traceable on his phone. The enquiry has not revealed an iota of truth in his complaint. The allegations laid down… are outrightly and vehemently denied. It is further stated that on February 23, political leaders delivered a speech at Maujpur Chowk and went away… Further the incidents described by Rizvi at Kardampuri Pulia did not take place….”
Malik told the court in his application that “it was accused… Mr Kapil Mishra who orchestrated the whole vandalising of my distributorship establishment and also the looting of the inventory”.
The Delhi Police said Malik’s complaint was “received at Khajuri Khas police station on March 18 from Hon’ble Court seeking action taken report… During scrutiny of the complaint, it has been revealed that the incidents… took place at the same place and time where his brother Akil’s shop was also situated and FIR no. 178/20 was already registered… The beat constable also visited the address February 29 but he was not available.”
Mishra, when contacted, said: “What I said is on video and everyone has seen that video. All legal experts have said in one voice that there is nothing wrong in what I said that day. Now when the conspiracy of Delhi riots is exposed… how violence started in December itself from Jamia, etc… all details are out in public, some forces who want to divert the attention from truth are trying to fabricate false complaints against Delhi Police and me. I am the only one who actually went out and assisted riot victims and if you go on ground, you will hear the reality from people themselves.”
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