New Delhi (India), February 1 (HBTV): The Karkardooma court has directed 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 advised the victim to approach the special MP/MLA court to file an FIR against Kapil Mishra, citing his status as a former MLA.

Judicial Magistrate First Class (JMFC) Udhbhav Kumar Jain ordered the FIR's registration and stated that the SHO of Jyoti Nagar, Tomar, and other unknown police officials had engaged in hate crimes against the complainant and victim. The court held that they could not be protected under the guise of official duty, as the alleged offenses were not committed in the discharge of their duties.

"Thus, FIR be registered under sections 295-A (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 February-March 2020," the court ordered on January 18.

The court instructed the current SHO to assign an officer of at least the rank of Inspector to conduct the investigation, with the involvement of other unknown police officials to be ascertained during the inquiry.

The direction follows a complaint filed by Mohd Waseem, requesting the registration of an FIR against police officials and others. The court noted that the ATR filed by the Investigating Officer (IO) merely denied the allegations but failed to substantiate actions taken for a preliminary inquiry, which is not mandatory in every case as per the Apex Court's ruling in Lalita Kumari vs Government of UP. The ATR also neglected to address the aspect of CCTV footage related to the alleged incident.

The court remarked that the ATR seemed more concerned with protecting police officials and either overlooked or tried to cover up the allegations against the accused. It also mentioned that the ATR did not provide any substantive investigation into the case.

The court instructed the complainant, Mohd Waseem, to approach the special court for an FIR against Kapil Mishra. It emphasized that Mishra, being a former MLA, could only be tried by Special Courts, and thus the complainant should approach the concerned court regarding allegations against him.

According to the complaint, on February 24, 2020, the complainant went out in search of his mother amidst the unrest. He alleged encountering Kapil Mishra, who was reportedly leading an unlawful assembly. Mishra allegedly fired gunshots at protesters, and the police used tear gas on the crowd. The complainant claimed he was apprehended by the police, beaten, and forced to sing the national anthem and chant slogans, with police officers filming the incident.

The court's ruling is significant, highlighting the role of law enforcement in the alleged hate crimes during the riots. In a related matter, the Delhi High Court had previously transferred a similar case involving the forced singing of the national anthem and the death of Faizan to the CBI for further investigation. (ANI)