Five Years On: Delhi Riots’ Legal Fallout
Five years after the devastating religious riots in Delhi, which resulted in the deaths of over 50 individuals, predominantly Muslims, the quest for justice remains elusive. A recent analysis by BBC Hindi reveals that more than 80% of the cases related to the violence have ended in acquittals or discharges, raising serious concerns about the integrity of the legal proceedings. The riots, sparked by a controversial citizenship law, marked one of the deadliest episodes of communal violence in the city in decades.
Overview of the 2020 Riots
The riots erupted in February 2020, igniting fierce clashes between Hindu and Muslim communities. The violence lasted several days, leading to widespread destruction, including the burning of homes and businesses. The aftermath left a profound impact on the affected communities, with many families still grappling with the consequences. The Delhi police, tasked with investigating the incidents, have faced allegations of brutality and complicity during the riots. They have claimed that the violence was part of a larger conspiracy aimed at undermining India’s unity, particularly targeting those who protested against the citizenship law.
In total, the police registered 758 cases related to the riots and arrested over 2,000 individuals, including student leaders and activists. Many of these arrests were made under stringent anti-terror laws, which have made it exceedingly difficult for the accused to secure bail. As of now, only six individuals have been released, while others, like activist Umar Khalid, remain incarcerated, awaiting trial.
Disheartening Legal Outcomes
A detailed examination of the 126 cases adjudicated by the Karkardooma court in Delhi reveals a troubling trend: over 80% resulted in acquittals or discharges. Witnesses frequently turned hostile or failed to support the prosecution’s case, leading to only 20 convictions. In cases involving murder charges, the statistics are even more alarming, with just one conviction out of 62 cases filed.
The court’s findings have often criticized the Delhi police for their handling of investigations. Judges have pointed out significant lapses, including the submission of “predetermined chargesheets” that allegedly misrepresented the facts. In many instances, police testimonies were deemed unreliable, with judges highlighting inconsistencies and delays in identifying suspects. The court’s observations suggest a systemic failure in the investigative process, raising questions about the credibility of the police’s approach to the riots.
Personal Stories of Injustice
The human cost of the riots is reflected in the personal accounts of those affected. Shadab Alam, who spent 80 days in jail, recalls the terror he experienced during the violence. He was arrested while seeking refuge on a rooftop and accused of participating in the riots. Despite presenting medical evidence of his injuries, the police charged him with arson. Ultimately, the court discharged him, criticizing the police for failing to conduct a thorough investigation.
Similarly, Sandip Bhati, accused of assaulting a Muslim man during the riots, was acquitted after the court found that the police had manipulated video evidence to frame him. The court ordered action against the investigating officer, highlighting the ongoing issues of accountability within the police force.
Ongoing Incarceration and Calls for Accountability
Despite the high rate of acquittals, many individuals remain imprisoned, awaiting trial. Activists like Gulfisha Fatima are still behind bars, facing serious charges under the Unlawful Activities (Prevention) Act. Her family expresses deep concern over her prolonged detention, with her father fearing he may not see her released.
Former Supreme Court judge Madan Lokur has called for introspection among the prosecution and police regarding their handling of these cases. He emphasizes the need for accountability, particularly when arrests are found to be unjustified. As the legal battles continue, the plight of those affected by the riots underscores the urgent need for reform in the justice system to ensure that such tragedies do not repeat themselves.
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