
Delhi Court Orders FIR Against Police Officers in Riot Case, Directs Complaint Against BJP Leader to MP/MLA Court
Last Updated on February 3, 2025 by Amit Patra
In a significant development relating to the 2020 North-East Delhi riots, a Delhi court has ordered the registration of an FIR against police officers and directed that complaints against former MLA Kapil Mishra be heard by the appropriate MP/MLA court, underlining the tangled intersection of law enforcement accountability with political jurisdiction.
Judicial Magistrate First Class Udbhav Kumar Jain passed the order on a complaint by Mohd. Wasim, who alleged he was forced to sing the national anthem and Vande Mataram while being beaten by police during the riots. The case has gained particular attention as it relates to the death of 23-year-old Faizan, whose investigation was transferred to the CBI by the Delhi High Court last year.
The court’s order was particularly critical of the police investigation, noting that the Investigating Officer seemed more interested in shielding the police officials and did not investigate or cover up allegations against Kapil Mishra. He emphasized that as a public figure, Mishra “directs the course/mood of the public at large” and is thus specially responsible for acting within constitutional bounds.
In his complaint, Wasim alleged that on 24 February 2020, he had seen Mishra leading an illegal assembly and opening fire at the protesters with the connivance of police. He further alleged that the police officers had beaten him, forced him to chant religious slogans, and then made him say that the SHO had saved his life.
The court has ordered the registration of an FIR against the SHO under Sections 295A (outraging religious feelings) of the IPC, besides Sections 323 (causing hurt), 342 (wrongful confinement), and 506 (criminal intimidation). Interestingly, the judge cited the preservation of communal harmony and said that though citizens had the right to free expression, they also had a corresponding duty to maintain religious harmony.
The decision by the court reflects the thin line between accountability of law enforcement and the maintenance of communal harmony; it also reflects the procedural requirements in cases involving political personalities. The order thus shows the multiple jurisdictional layers in addressing the riot-related cases by directing the complaint against Mishra to the MP/MLA court while proceeding against the police officers.