Why many police cases are falling apart star-news.press/wp

Five years after the deadly religious riots that have affected India Delhi, there is no legal closure in sight for people involved.

BBC Hindi analysis found that more than 80% of cases related to violence in which courts have made decisions resulting in acquittal releases or discharges.

More than 50 people, mostly MuslimsThey were killed after the conflicts broke out between Hiduš and Muslims due to the controversial citizenship law in February 2020. years. Violence – The most delicious city saw In decades – stretched a day, with hundreds of homes and stores on fire with violent mafs.

The BBC has previously reported o Incidents of police brutality and complicity during the riot. Police denied any injustice and in their investigation, allegedly that violence is “pre-planned” as part of the greater conspiracy for “endangered Indian unity” by the people who protested against the law.

They registered 758 cases regarding the investigation and arrested more than 2,000 people. It included 18 student leaders and activists who were arrested in the case that was known as the “Conspiracy Main Conspiracy”. The accused are under a draconary anti-terrorist law that makes it almost impossible to answer the deposit. Only six of them were released in five years and some like an activist Umar Khalid They are still in prison, waiting for the trial.

BBC Hindi reviewed the status of all 758 cases filed in relation And she analyzed 126 cases in which the Court of Kcaraoma in Delhi made decisions.

More than 80% of these 126 cases resulted in releasing judgments or discharges such as witnesses turned hostile or did not support the prosecution’s case. Only 20 of these cases were seen by convictions.

According to Indian law, the accused is discharged when the court closes the case without a trial because there is insufficient evidence to continue. The acquittal is when the Court finds the accused not to blame after the complete trial.

In 62 out of 758 cases, which were submitted to the murder-related indictment, there was only one conviction and four acquittals, the BBC approached the BBC representation through the law on the entire regime.

Detailed analysis of 126 orders also showed that in tens of cases the court strongly went down to Delhi police for failing in the investigations. In some cases, he criticized the police for the submission of “predetermined chargers” that “falsely involved” the accused.

In most of 126 cases, police officers were presented as evidence witnesses. But for various reasons, the court did not find his testimony credibly.

Judges pointed to inconsistencies in police statements, delays in the identification of the accused by the police and, in some cases, dealing with doubts whether Police officers were even present when the violence was aroused.

In two orders, the judge said that he could not “restrain” to say that history looked at the riots, “the failure to the investigation into the implementation of the appropriate investigation” would “torment the mills of democracy”. The court was hearing cases filed against three men on fire and robbery charges – but they concluded that they were arrested without “real or effective investigation.”

Delhi Police did not respond to the BBC request for comment. In the report last April, the police said the court that all investigations were conducted on the “credible, fair and impartial” way.

However, the testimony of some of the accused, and even his own Court observations ask questions about the investigation.

Shabab Alam, who spent 80 days in prison, says he can never forget terror mess.

He was removed on the roof on the terrace from the drug store in which he worked with several others.

Only hours earlier, the police arrived in the store and asked them to close it because of the liquid fire.

“Suddenly they (the police) came again and took a few of us in their van,” he told BBC.

When he asked the police why he was taken, he said, accused him to participate in the riot.

“Our names asked us and beat us. Almost everyone was arrested by Muslims,” ​​Mr. Alam said. He added that he submitted his medical report before the court, who confirmed three injuries.

In his official report, the police accused Mr. Alama and 10 other Muslims of combustion of the store. But the court threw all of them even before the trial could begin.

In his observations, the Court criticized the police investigation that the witness statements could be “artificially prepared”, and that “in all the trades” of the Hindu community.

It was said that the police did not continue the case in that direction, despite the present when the incident occurred.

Mr. Alam had to wait four years in case he was officially closed.

“It all happened during Pandemic Covid-19. There was a locking. We were in a state of anger,” said Dilshad Ali, Alam’s father.

“Finally, nothing has been proven. But we had to spend so much time and money to prove our innocence.”

He said the family wanted a monetary compensation for his losses. “If the police have made a fake case against my son, then it should be taken against them,” he added.

In the second case, the Court released Sandip Bhati, who was accused of withdrawing and beating Muslims during the riot.

Police filed two videos to show that Mr. Bhati was the culprit. But in court, his lawyer said the police filed an incomplete clip to apply his client.

In full video, which BBC verified, Mr. Bhati is seeing a saving Muslim man, instead of beating him.

In his account in January, the Court ruled that the police “manipulate” videos “Framework” Mr. Bhati, instead of following “real culprits.”

He also asked the Commissioner of Delhi Police to take appropriate measures against the investigating officer in this case. Police did not answer the question of BBC Hindi about whether it was done.

Mr. Bhati, who spent four months in prison, refused to comment on, saying he didn’t want to talk about his “ordel”.

With so much release for the acquittal, the former Judge of the Supreme Court Madan Loke, the Prosecution and Police “should sit to introspect what they have achieved in five years.”

He also said that “responsibility should be determined at the Prosecution, if it is determined that the arrest is illegal or unnecessary.”

“If the Prosecution puts someone in prison because they have the power to do so or because they want to do so, they should not be allowed to get out if illegal or unnecessary or unnecessary.

Even as some cases fall apart in the courts, many arrested are still false in prison waiting for a trial.

Gulfish Fatima, 33-year-old Potax aspirant, is among 12 activists who are still in prison for the charges of “conspiracies” disorder.

Her family said that three other police cases were filed against her and got bail in all of them. But it continues to face prison in the fourth case under illegal activities (prevention) law (UAPA) – a strict anti-terrorist law that sets extremely challenging conditions for bail.

“Ever since she went to prison, with every hearing, we hope he would finally go out,” said her father Syed Tasneef Hussain.

In the case of MS Fatima, after a multi-month bail guilt, Delhi High Court Judge was transferred in 2023. years, and now the whole case is heard again.

“Sometimes I wonder if I will be able to see her or if I will die before that,” Mr. Hussain said.

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