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FPJ Legal: High court stays Rs 25,000 costs on Delhi Police in riots case, refuses to interfere with strictures for now

01:18 PM Jul 28, 2021 | PTI

New Delhi: The Delhi High Court on Wednesday stayed the imposition of Rs 25,000 costs on the police in a case related to north-east Delhi riots but refused to interfere with the trial court's strictures against its investigation at this stage.

"We can't expunge the remarks without hearing you (Police). Costs may not be deposited till the next date of hearing," said Justice Subramonium Prasad who was hearing Delhi Police's challenge to the trial court order calling its investigation into the case "callous and farcical" and imposing Rs 25,000 costs.

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The trial court order was passed in a challenge to magisterial court order that had directed Delhi Police to register an FIR on the complaint of one Mohammad Nasir, who lost his left eye after suffering a gunshot injury during the riots.

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The high court issued notice on Delhi Police's plea against the trial court order and sought response of the complainant, Nasir, in 10 days.

Additional Solicitor General S V Raju, appearing for the police, said that at present, the main grievance was against the costs and the strictures.

He also submitted that an FIR pertaining to the alleged incident had already been thoroughly investigated and the accused was found to be not present at the spot at the relevant time.

"All investigation will lead to one conclusion," Raju said.

Also Read: FPJ Legal: Supreme Court 'very unlikely' to be persuaded on bail cancellation of 3 student activists in Delhi riots case

Advocate Mehmood Pracha, representing the complainant, claimed that the police's stand was misleading and his client was under "tremendous pressure to withdraw" his pleas before court.

The matter would be heard next on September 13.

In its challenge to the trial court order, police said the imposition of fine, which was to be recovered from the station house officer (SHO) of Bhajanpura police station and his supervising officers, was unwarranted and uncalled for.

Filed through advocates Amit Mahajan and Rajat Nair, the plea argues that the July 13 order was in violation of principles of natural justice as it was passed without giving any opportunity to the DCP to make his submissions, and that very serious remarks were made against the investigation even prior to the commencement of trial.

In its order, Additional Sessions Judge Vinod Yadav had pulled up the police for lack of efficacy and fairness in the investigation in the case and said that it had been done in a most casual, callous, and farcical manner.

Also Read: Not within Delhi Assembly's mandate to call Facebook accused in 2020 riots: Supreme Court

It was the police stand that there was no need to register a separate FIR on the basis of the complaint as it had already registered one earlier and there was no evidence against the persons who allegedly shot him as they were not present in Delhi at the time of the incident.

The judge had said that Mohammad Nasir was free to exhaust his remedies available to him in accordance with the law to get a separate FIR registered in respect of his complaint.

Communal clashes had broken out in north-east Delhi on February 24, 2020 after violence between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and around 700 injured.

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