Probe without fear or influence: Delhi HC to police on Faizan death case

“After two years, why has the chargesheet not been filed,” asked the court.

Delhi Police in response said that a lot of policemen from different units had reported to Northeast Delhi in 2020 during the riots and on the basis of the technical evidence, the police has zeroed in on a particular person “who is a head constable in our Delhi Police”. The court was further told that with more evidence, the necessary legal action would be taken.

However, the court said, “Not legal action. As per the CrPC. Legal action is a very mild thing because they are criminals, they will be dealt with by criminal law. You also understand that one son of the mother died. I am not commenting on how and where because this is under investigation but it has to be taken very seriously.”

It also said that all need to have “some faith” in the investigating agencies. The court also said that writ jurisdiction is there only “to ensure that justice should take place”.

The police sought eight weeks’ time to further investigate the case and further prayed for restraining media from disclosing a fact pertaining to the actual role of the suspect policeman in the case. However, the court said everybody including the media are “responsible”.

Advocate Vrinda Grover, representing Faizan’s mother, earlier submitted before the court that the police in the sealed cover report, to which she was given an exclusive excess, has identified a police officer and only the test pertaining to voice sample is pending. Grover also submitted that the investigation has now found that Jyoti Nagar police station, where Faizan allegedly remained detained on February 24, hours before his death at a hospital, has tried to mislead the probe. Grover also sought the suspect’s custody by the police for further investigation in the case.

The court earlier objected to Grover’s use of the term “Muslim youth” for the men who are seen being beaten in the viral videos of the incident. “Don’t use Muslim. Only youth of this country, whether Muslim or Hindu,” observed the court, adding, “Police has not done as somebody has come from some particular religion.”

However, Grover submitted that the case involves a hate crime. “He was targeted for that reason. I wish the police had not identified him as that,” she submitted, adding that “unfortunately the facts in this case are far more troublesome.”

Faizan died in 2020 soon after his release from a police station where he was taken after he had been allegedly assaulted by policemen on 66 Foota Road and, along with four others, was forced by them to sing the national anthem – as seen in a viral video. He was released late evening on February 25, 2020, from the police station and died at a hospital on February 26.