Delhi Court Orders FIR Against SHO Over 2020 Riot Allegations of Forced Singing of National Anthem & Vande Mataram

In a significant legal development, a Delhi Court has mandated the registration of a First Information Report (FIR)against the Station House Officer (SHO) of Jyoti Nagar Police Station. This directive stems from a complaint by Mohd. Wasim, who alleges that during the 2020 North-East Delhi riots, he and others were coerced into singing the National Anthem and "Vande Mataram" by police personnel. The court's order underscores the judiciary's commitment to addressing allegations of police misconduct, especially those involving potential violations of fundamental rights.

Court's Directive for FIR Registration

• Judicial Authority Involved: The order was issued by Judicial Magistrate First Class Udbhav Kumar Jain of Karkardooma Courts.
• Legal Provisions Invoked: The FIR is to be registered under the following sections of the Indian Penal Code (IPC), 1860:
  • Section 295A: Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs.
  • Section 323: Voluntarily causing hurt.
  • Section 342: Wrongful confinement.
  • Section 506: Criminal intimidation.
• Investigation Mandate: The court directed the current SHO to appoint a responsible officer, not below the rank of Inspector, to conduct the investigation. The role of other unknown police officials involved in the alleged offenses is to be ascertained during the investigation.

Background of the Incident

• Viral Video Evidence: A video circulated on social media in 2020 depicted a group of men allegedly being beaten by police while being forced to sing the National Anthem and "Vande Mataram".
• Related Case: In August 2024, the Delhi High Court transferred the investigation into the death of 23-year-old Faizan, who was part of the group, to the Central Bureau of Investigation (CBI). It was alleged that Faizan died due to custodial torture by policemen in Jyoti Nagar Police Station.

Details from Wasim's Complaint

• Date of Incident: February 24, 2020.
• Allegations Against Political Figure: Wasim claimed to have identified BJP leader Kapil Mishra leading an unlawful assembly and allegedly firing gunshots at protesters.
• Police Involvement: Wasim alleged that as he tried to escape, a policeman caught and beat him. He further claimed that Delhi Police personnel were supporting Mishra and his associates.
• Detention and Coercion: Four policemen allegedly picked him up and threw him among other injured individuals. The policemen then purportedly beat them and forced them to sing the National Anthem and chant slogans like "Jai Shri Ram" and "Vande Mataram".
• Custodial Details: Wasim and another individual were taken to Jyoti Nagar Police Station, where they were allegedly beaten by the SHO. Wasim was released to his father after half an hour. Two days later, he was called back to the police station and was allegedly instructed to tell others that the SHO had saved his life and that the police did not mistreat them.

Legal Proceedings Leading to FIR Registration

• Initial Complaint: Wasim filed a complaint in July 2020 seeking the registration of an FIR against the accused persons.
• Lack of Police Action: Due to inaction, he approached the court, requesting the lodging of an FIR under relevant sections and a thorough investigation.
• Police Response: The Delhi Police's Action Taken Report (ATR) stated that the allegations against the SHO and other policemen were baseless and incorrect, asserting that no police personnel had beaten Wasim during his stay at the police station.
• Court's Observation: The court noted that the ATR merely denied the allegations and failed to provide substantive steps taken for a preliminary inquiry. The judge emphasized that the SHO and other unknown police officials allegedly engaged in hate crimes against Wasim and cannot be protected under the guise of official duty.

Case Title: Mohd. Waseem vs. State through SHO & Ors.

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