A Delhi court has directed the Delhi Police to sensitise investigating officers about the diligence to be maintained in riots cases after a factually false statement was submitted before it in a case related to the communal violence in northeast Delhi in February.
The false statement was filed by an investigating officer in his reply to a bail application of a man arrested in the case related to ransacking of a shop during the riots in Jyoti Nagar area.
The police had stated in its reply that there was an eyewitness who had seen accused Yogender Singh at the scene of the crime, but the court found from the chargesheet that the witness nowhere has identified Singh at all and only head constable Ravinder identified him.
Additional Sessions Judge Amitabh Rawat granted bail to Singh on furnishing a bail bond of Rs 30,000 with a surety of like amount and said the IO has to be careful in what he wrote.
"The reply of the IO had stated that Aslam was an eye witness who has given a statement under section 161 (examination of witness by police) Code of Criminal Procedure that he has seen accused Singh at the scene of the crime while entering his house.
The assertion in the reply is factually false as reflected in the chargesheet. The Investigating Officer has to be careful in what he writes.
"Copy of this order be sent to the Joint Commissioner of Police (Eastern Range), Delhi, so that the Investigating Officers are sensitised about the importance of the reply and the diligence to be maintained in all cases and particularly in riots cases," the court said in its order passed on September 10.
It further said complainant Gulfam, whose shop was allegedly ransacked by the mob of rioters, was not an eyewitness to the incident.
"The prosecution has relied upon the statement of an eye witness Mohd Aslam, identifying Singh, however on perusal of the charge sheet, the witness nowhere has identified the present accused at all. Only Head Constable Ravinder has identified him.
"Considering the period of incarceration, the fact that the charge sheet has been filed and in the totality of the facts and circumstances of the case, bail application stands allowed," it said.
It further directed Singh to not leave the jurisdiction of Delhi/NCR or indulge in any kind of criminal activity.
The court said Singh should not tamper with evidence and attend court on every date of hearing or as directed.
During the hearing, Singh's counsel Bilal Anwar told the court there was no incriminating evidence against him in the case and was falsely implicated.
Special Public Prosecutor Rajeev Krishan Sharma, appearing for the state, opposed the bail plea saying witness Mohd Aslam had seen Singh at the scene of the crime while entering his house.
Communal clashes had broken out in northeast Delhi on February 24 after violence between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and around 200 injured.
