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Riots case: Delhi court questions police on witness statements

Days after it pulled up police for arresting the complainant in a case of arson and vandalism at Madina Masjid, which was focused by rioters throughout the Northeast Delhi riots, a Delhi courtroom on Thursday mentioned police could have recorded statements of witnesses after the final date of listening to.

On February 1, the courtroom had ordered police to register an FIR into the assault on the mosque by armed rioters and perform an entire investigation. On March 17, it had directed DCP (Northeast) to file a standing report with regard to investigation carried out and summoned SHO (Karawal Nagar) on March 25 with the case diaries. It had additionally noticed that police arresting the complainant, Haji Hashim Ali, was “an obvious absurdity”.

Throughout Thursday’s listening to, after the DCP submitted his standing report, Further Periods Choose Vinod Yadav noticed, “I’ve gone by means of the mentioned file in addition to case diaries. I’ve at this time signed all case diaries. The case diaries haven’t been maintained when it comes to Part 172 CrPC. The sure quantity, as mandated by CrPC, has not been maintained. The statements of witnesses have most likely been recorded after 17.03.2021, i.e. the final date of listening to.”

The courtroom mentioned the “statements seem to have been recorded on laptop and are digital paperwork, however the identical bear bodily signatures of the IO fairly than digital signatures due to which it’s not attainable to establish as as to if the identical had been recorded on the date talked about towards the signatures of IO.”

Particular Public Prosecutor Nitin Rai Sharma advised the courtroom that the investigation within the case was progressing and “acceptable steps shall be taken towards the accused individuals”.

The courtroom then ordered police to supply the document of the unique day by day diary (DD) entry of the unique mosque burning criticism, which police claimed has been added to a different FIR. The courtroom mentioned it’s “prima facie evident that this DD entry was not tagged with both” of the 2 FIRs wherein the police mentioned they added the DD entry.

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On February 25 final 12 months, rioters broke into the mosque in Shiv Vihar after an influence minimize within the space and set two LPG cylinders on fireplace inside, inflicting an explosion. A saffron flag was later planted atop this mosque by an area, who has been named within the criticism together with two different individuals.

Haji Hashim Ali had earlier filed a criticism relating to the arson in addition to loot at his dwelling in Shiv Vihar. Police clubbed his criticism with one other man’s criticism, who reported arson at his store, wherein no accused particular person was named. Police registered an FIR on this case and arrested Ali primarily based on CCTV footage, wherein police claimed he was “clearly seen instigating the mob”. He was later granted bail.

M R Shamshad, who filed the applying in courtroom, had requested it to direct police to register a separate FIR into the arson on the mosque since this specific incident was clubbed with one other FIR, making it “irrelevant”.

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