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Revision as of 05:43, 10 March 2020

2020 Delhi riots
See caption
Buildings burned during the rioting in Shiv Vihar, New Delhi.[1]
Date23 February 2020 – 1 March 2020 (7 days)[2]
Location
28°40′55″N 77°16′26″E / 28.682°N 77.274°E / 28.682; 77.274
Caused by
Goals
Methods
Casualties
Death(s)53[8]
Injuries200+[9]
Arrested2200 (including detained)[10]
Map

The 2020 Delhi riots, also North East Delhi riots or 2020 Delhi violence, were multiple incidents of religiously driven bloodshed, property destruction, and rioting in North East Delhi, beginning on the night of 23 February 2020 and causing the deaths of 53 people, mostly Muslims,[11][12] who were shot, cut with irregular blows or set afire.[12] Killed also were a policeman, an intelligence officer, and over a dozen Hindus, who were shot or assaulted.[12] Hundreds of wounded have lain in weakening states in inadequately staffed hospitals; corpses continue to be found in sewer drains.[13]

Muslims were described as having been targeted by the rioters;[14][15] in some instances, policemen joined in.[16] In other instances, Muslim males who unlike Hindu males are commonly circumcised were forced to show their genitals for ascertaining their religion before they were brutalised.[17] The properties destroyed were disproportionately Muslim-owned and included four mosques, which were set ablaze by rioters.[18] Many Muslims have begun to leave these neighbourhoods.[11] Even in areas of India's capital untouched by the violence, Muslims have begun to leave for their ancestral villages, unsure of their safety.[17]

Earlier, in Jaffrabad, in North East Delhi, a sit-in by women against India's Citizenship (Amendment) Act, 2019 had begun on a stretch of the SeelampurJaffrabadMaujpur road.[19][20] On 23 February 2020, a leader of the ruling Bharatiya Janata Party (BJP), Kapil Mishra, demanded that Delhi Police clear the roads occupied by protesters, and threatened to forcefully end the protests if the police failed.[21][22] By the next day, rioters wearing helmets and carrying sticks, stones, sabres or pistols, and the saffron flags of Hindu nationalism had begun to rush violently into the neighbourhood, while the police remained completely passive.[23] Mobs, both Hindu and Muslim, took to shooting with their guns; most deaths have been attributed to gunfire.[24] In the neighbourhood of Shiv Vihar, groups of violent Hindu men attacked Muslim houses and businesses for three days, often firebombing them with gas canisters and gutting them without being stopped by the police.[25]

The Indian government swiftly characterised the violence to be spontaneous.[11] The Delhi Police, which is directly overseen by India's central government, moved into the area in strength on 26 February 2020. The National Security Advisor of India, Ajit Doval, then visited the area. Three days after the violence had begun, Prime Minister Narendra Modi made an appeal for peace on Twitter.[24] As of 7 March 2020, the police had registered 690 first information reports (FIRs) and arrested or detained around 2200 individuals involved in the violence.[10] The police have been accused by the affected citizens, eyewitnesses, human rights organizations, and Muslim leaders around the world of falling well short in protecting Muslims.[13]

The neighbourhood between Jaffrabad and Maujpur, which has a mixed population of Hindus and Muslims, demonstrated unity by guarding one another, barricading the neighbourhood entrance, and preventing outside mobs from entering and disturbing the communal harmony that has existed there.[26][27]

Background

Protests began across India in December 2019 in response to the passage of the Citizenship (Amendment) Act (CAA), which allows fast-tracked naturalisation for immigrants from Pakistan, Bangladesh and Afghanistan belonging to six religions vis-à-vis Hinduism, Sikhism, Christianity, Zoroastrianism, Jainism and Buddhism. The Act has been seen as discriminatory to Muslims and threatening to their existence in India when combined with the anticipated National Register of Citizens (NRC).[28][29][30][31][32]

Several anti-CAA protests were held in New Delhi. Some protesters burned vehicles and pelted stones at Security forces.[33] In Shaheen Bagh, protesters blocked roads, which led to a traffic jam.[34]

The Delhi Legislative Assembly election was held on 8 February 2020, in which the Bharatiya Janata Party (BJP) was defeated by the Aam Admi Party; widespread usage of incendiary slogans by BJP equating the protesters to anti-national elements and asking for them to be shot were noted. Delhi BJP chief, Manoj Tiwari has since attributed hate speeches by fellow party-candidate Kapil Mishra (who coined the slogans) as a cause of the BJP defeat.[35][36]

On 22 February, around 500 to 1,000 protesters, including women, began a sit-in protest near the Jaffrabad metro station. The protest blocked a stretch of SeelampurJaffrabadMaujpur road, as well as the entry and exit to the metro station.[37][38] According to the protesters, the sit-in was in solidarity with the Bharat Bandh called by the Bhim Army, which was scheduled to begin on 23 February. Police and paramilitary personnel were deployed at the site.[39]

Timeline

23 February and incitement

On 23 February between 3.30 p.m. and 4 p.m., Bharatiya Janata Party (BJP) leader Kapil Mishra and his supporters reached a protest site at Maujpur Chowk "to give an answer to Jaffrabad [blockade]".[5] Mishra then spoke out in a rally against the CAA protesters[a][28] and threatened to take matters into his own hands if the police failed to disperse the protesters from the Jaffrabad and Chand Bagh areas in three days' time.[4][41][42] This has been widely reported to be the major inciting factor:[43][35] however, Mishra rejects the allegations.[44]

At approximately 4 p.m., protesters were reported to have hurled stones at the pro-CAA gathering at Maujpur Chowk and near a temple.[45] Between 9 to 11 p.m. clashes broke out between the anti-CAA and pro-CAA demonstrators in Karawal Nagar, Maujpur Chowk, Babarpur and Chand Bagh. Vehicles were gutted and shops were destroyed.[45][5][46] The police used baton charge and tear gas to disperse the crowd.[47]

24 February

On the morning of 24 February, a pro-CAA mob arrived at an anti-CAA protest site at Jaffrabad and refused to leave until the anti-CAA protesters left the area. At around 12:30 p.m., protesters wearing masks and waving swords clashed with the police force.[45] By afternoon, violent clashes broke out in several areas of North East Delhi, including in the Gokulpuri and Kardampuri areas.[48] There was heavy stone pelting and vandalism of property. The police used tear gas and lathi charge against the protesters in the Chand Bagh area,[49][50][51] but the protesters retaliated by throwing stones at the police.[52] A head constable, Ratan Lal, died of a bullet injury in this clash.[53][54][55][b]

In Bhajanpura, in afternoon a group numbering around 2000 attacked a petrol pump, chanting slogans of Āzādī (transl. 'Freedom') and carrying petrol bombs, sticks and weapons. They attacked the owner and employees of the petrol pump with sticks, burning vehicles and petrol tanks after looting available cash.[45][56][57]

Violence was also reported from the areas of Seelampur, Jaffrabad, Maujpur, Kardampuri, Babarpur, Gokulpuri and Shivpuri.[58][59] Section 144 (ban on assembly) was imposed in all the affected areas but to little effect.[60][61][62] In Jaffrabad, a man, allegedly linked with the anti-CAA side, opened fire at the police, before being arrested days later in Uttar Pradesh.[63][64]

In Shiv Vihar, in the afternoon, several shops and homes owned by Hindus were torched by a Muslim mob. Later, mutilated bodies of workers were recovered from the site. A massive parking lot with 170 cars was burned by a mob.[65][66][67] In the evening around 8:30 p.m., a tyre market (predominantly owned by Muslims) was set on fire with the screaming of "Jai Shri Ram" being heard.[48][53] Later that night, at around 10:30 p.m., a mob beat Monu Kumar and his father Vinod Kumar with sticks, stones and swords while screaming "Allahu akbar". Vinod Kumar died on the spot.[68] On that day, five people died including a police constable and four civilians.[50][54]

Three thousand five hundred emergency calls were made to the police control room that day.[69] The Delhi Fire Service stated that it had attended 45 calls from areas in northeast Delhi and three firemen were injured, on 24 February. While attending calls, a fire engine was attacked with stones, while another fire engine was set on fire by rioters.[70]

25 February

On 25 February, stone pelting was reported from Maujpur, Brahampuri and other neighbouring areas. Around 5 AM in Brahmpuri, Atul Kumar was shot during a morning walk. Rapid Action Force were deployed in the worst affected areas.[70] It was a full-blown riot with intense religious sloganeering and violence from both sides.[71]

In Ashok Nagar, a mosque was vandalized and a Hanuman flag was placed on one of the minarets of the mosque. It was also reported that prayer mats of the mosque were burnt and torn pages from the Quran were strewn outside the mosque.[72][73] A mob sloganeering Jai Śrī Rām (transl. "Hail Lord Rama") and Hindūō̃ kā Hindustān (transl. "India for Hindus") marched around the mosque before setting it on fire and looting adjacent shops and houses. According to local residents, the attackers did not belong to the area.[6][74] After the first wave of violence by rioters, the police evacuated Muslim residents and took them to the police station. While the residents were away, a second mosque in Ashok Nagar and a third in Brijpuri were also torched along with a three-storey house and eight shops in the vicinity; the rioters could not be identified.[74][74][75] Another mosque was vandalised in Gokulpuri.[76]

At 3 p.m. in Durgapuri, Hindu and Muslim mobs clashed, pelting stones and shooting at each other.[77] The rioters sported tilaka on their foreheads, and shouted religious slogans whilst shops and vehicles belonging to Muslims were exclusively torched.[77] Police were not present initially in the area and arrived almost an hour later.[77]

At Gamri extension, a Hindu mob attacked a lane, and an 85-year-old woman was burnt to death when her house was set on fire.[78] In Karawal Nagar, acid was thrown by protesters on the paramilitary personnel, who were deployed in the area to maintain law and order.[79] People wielding sticks and iron rods were reported to be roaming streets in the areas of Bhajanpura, Chand Bagh and Karawal Nagar localities.[49]

By 9:30 p.m., it was reported that 13 people died due to violence.[49] Among the injured, more than 70 people suffered gunshot injuries. At 10 p.m., shoot at sight orders were given to police in the riot-affected area.[70]

The dead body of Ankit Sharma, a trainee driver in the Intelligence Bureau at Chanakyapuri, was found in a drain in Jaffrabad, a day after he went missing.[80][81] The circumstances leading to his death are under investigation,[82][83] with a lot of confusion regarding them.[84][85] According to a post-mortem report, he was repeatedly stabbed, leading to his death.[86] Tahir Hussain, who was an Aam Aadmi Party (AAP) councillor, was arrested for allegedly murdering Sharma.[87][88][89]

Seven thousand five hundred emergency calls were made to the police control room throughout the day, the highest in the week.[69]

26 February

The National Security Advisor of India, Ajit Doval, visited violence-affected areas of North East Delhi in the evening. However, reports of violence, arson and mob lynching emerged from Karawal Nagar, Maujpur and Bhajanpura later that night.[90]

One thousand, five hundred emergency calls were made to the police control room that day.[69] Complaints of delayed post-mortem reports were aired from several hospitals while witnesses and affected individuals who claimed to be civilians gave statements. Some of them blamed Kapil Mishra for the riots while one individual stated that a mob attacked them with stones and swords while chanting the Takbir.[91]

27 February

Burnt shops at Shiv Vihar

In Shiv Vihar, between 7 a.m. and 9 a.m., clashes were reported. Three injured persons were reported, one of whom had bullet wounds. A godown, two shops, and a motorcycle were torched.[92]

28 February

A 60-year-old rag picker, who had stepped out of home assuming the situation had normalized, was attacked and died on way to the hospital due to head injuries.[93]

29 February

With no fresh cases of violence reported to the police on the day, the situation was said to be returning to normal with some shops reopening.[94] Thirteen cases were registered against people posting provocative content on social media.[95]

1 March

In the Welcome area, one shop was set on fire on 1 March.[2] Meanwhile, rumours of further volence were circulated on social media, following which the Delhi Police announced that the situation was "peaceful".[96] Seven metro stations (Nawada, Nangloi, Tughlakabad, Nawada, Badarpur, Surajmal Stadium, Patel Nagar and Uttam Nagar west) were closed for an hour due to the panic caused by the rumours.[2]

Attacks on journalists

Several incidents of mobs attacking journalists were reported during the riots. A journalist of JK 24x7 News was shot by Anti-CAA protestors on 25 February while reporting in the Maujpur area.[97][98] Two journalists of NDTV along with a cameraman were attacked by the mob while they were recording the torching of a mosque in the area. One of the journalists sustained severe injuries. A journalist involved in the same incident had to intervene and convince the mob that the journalists were Hindus to save them from further assault.[99]

On 25 February, a photojournalist for The Times of India was heckled by the Hindu Sena members while taking pictures of a building that had been set on fire. The group tried to put a "tilak on his forehead" claiming that it will "make his job easier" as he could then be identified as a Hindu by the rioters. They questioned his intentions of taking pictures of the building on fire and further threatened to remove his pants to reveal that he is not circumcised, as evidence of being a Hindu.[97][100] The reporter was later approached by another rioter who demanded him to prove his religion.[97]

Several journalists shared their experience with rioters on Twitter. A journalist of Times Now tweeted that she was attacked by pro-CAA and right-wing protesters. She said that she had to plead with the mob, who were carrying stones and sticks, to escape from the site.[97] Journalists of Reuters,[101] India Today,[102] CNN-News18[103] too stated that they were assaulted.[97]

The Hindustan Times reported that a motorcycle, which belonged to one of its photographers who was documenting the violence in Karawal Nagar, was set on fire by a masked mob. After torching the motorcycle, the mob threatened, assaulted him and seized the memory card in his camera. They asked for his official identity card and took a photograph of it before letting him leave.[104]

The Editors Guild of India issued a statement on 25 February expressing concern about the attacks on journalists as an assault on freedom of the press in India. They urged the Home Ministry and the Delhi Police to investigate the incidents and bring the perpetrators to justice.[105][106]

Local opposition to the riots

ThePrint journalists, who covered the incidents, reported that the people of the localities were confident that their neighbours did not engage in violence against them. Rather they blamed the "outsiders".[107] The neighbourhood between Jaffrabad and Maujpur, which has a mixed population of Hindus and Muslims, demonstrated unity by guarding one another and barricading the gate to prevent outside mobs from entering and destroying the communal harmony that exists there.[26][27] In the area of Mustafabad, Hindus and Muslims joined together to keep guard to prevent miscreants to enter the area.[108]

Some Hindu families worked to protect their Muslim friends and neighbours amidst the riots by inviting them into their homes for a few days until the riots calmed down.[109][110] Premkanth Baghel, a local Hindu, rescued his Muslim friends from their burning house, causing himself to suffer 70% TBSA burns.[111] In the area of Chand Bagh, some Muslims visited their Hindu neighbours and assured their safety.[112] At the Mandir Masjid Marg of Noor-e-Ilahi, Muslims gathered around Hanuman Mandir, the Hindu temple, to protect it from being damaged while Hindus did the same for Azizya Masjid, a mosque in the area.[113][114][115]

Mohinder Singh and his son Inderjit Singh rescued around seventy Muslims from a mosque and a madrasa that were surrounded by a mob, by transporting them to safety on their motorcycle, giving safe passage to two children at a time.[116] Akali Dal leader and former MLA, Majinder Singh Sirsa, opened up his gurudwara to those seeking shelter amidst the rioting.[116]

On 1 March, Muslim and Hindu residents of Jaffrabad organised a peace march together.[117]

Handling of the riots by emergency services

Delhi Police

The Delhi Police's ability to maintain the law and order and bring the peace back in riot-affected areas has been questioned by multiple sources. The police took no action even though present when the violence resulted in murders. They remained lax in deploying policemen on 23 February, when multiple intelligence reports requested more forces to prevent the tense situation (created by Mishra's speech) from escalating further. Victims of the riot reported that the police did not respond promptly when called, claiming that the officers were busy.[118][119] Other reports also suggested that the police encouraged rioters and physically attacked residents of riot-affected areas, going on to shoot people randomly. The police, however, denied these assertions.[120]

A video shared on social media on 26 February showed a group of men being assaulted by the police as they lay on the ground, forcibly singing the national anthem of India and "Vande Mataram" on the demands of the policemen. The families of the men claimed that they were detained in the lockup for two days and beaten further. One of them, Faizan, was admitted in the neurosurgery wing of LNJP Hospital and died on 29 February from critical gunshot wounds. Another was reported to have suffered serious injuries.[121][122]

The lack of the police's prompt response may be attributed to the large police force deployed to line the roads for the visit of the United States President Donald Trump. The police had reportedly informed the Ministry of Home Affairs of the shortfall of policeman available for immediately controlling the violence,[123] but this was denied by the Ministry.[124]

When the Delhi High Court bench, on 27 February, ordered the Delhi Police to file FIRs against the people whose speeches triggered the riots, the police and the government remarked that they had consciously not done so, citing that arresting them would not restore immediate peace. They further informed the court that they would need more time to investigate the matter.[125]

When a team of lawyers visited Jagatpuri police station to visit the anti-CAA protestors detained by the police, they were reportedly abused by police personnel.[126] The lawyers then wrote to the Delhi commissioner of police, demanding action against the officer who assaulted them.[127]

Delhi Health Services

The Jan Swasthya Abhiyaan (JSA), a public health advocacy group, compiled a report on the information gathered by their volunteers working in the hospitals during the riots. The report, titled The Role of Health Systems in Responding to Communal Violence in Delhi[128] and released on 2 March, alleged that doctors had harassed the victims by referring to them as terrorists, and had asked victims if they knew the full forms of "NRC" and "CAA". The report documented instances of negligence, denying victims treatment in some cases, while disregarding the safety of patients in others. Multiple cases were reportedly rejected for not having the required medico legal case documentation. It was also alleged that the doctors did not provide detailed reports of the injuries and autopsies to the victims and their families.[129]

The report indicated that citizens had grown fearful of government services such as ambulances and government hospitals, with victims taking private vehicles to go to private hospitals,[130] due to the treatment and abuse that they had received from the police.[128] This problem compounded the existing issues of the mobs not allowing ambulances near the riot-affected areas.[131] In some areas, primary health centres and hospitals remained closed throughout the riots, either due to the violence or due to lack of medical facilities available at the grassroots level even before the riots began.[132] Families of the victims also reported delayed post-mortem reports from several hospitals.[91]

Reaction and response

Reactions

On 25 February the Chief Minister of Delhi, Arvind Kejriwal stated that the Police, despite its efforts, had been unable to control the violence and requested the Army's assistance in stopping the violence as the number of deaths climbed to 23.[133][72][134]

AAP leader Sanjay Singh released a video in which BJP MLA from Laxmi Nagar, Abhay Verma, was seen leading crowds that raised slogans Pulis kē hatyārō̃ kō, gōlī mārō sālō̃ kō (transl. "Shoot the bastards who murdered the policemen"), Jō Hindū hit kī bāt karēgā, vahī dēś pē rāj karēgā (transl. "Whoever talks about the welfare of Hindus, only they will rule the country") and Jai Śrī Rām (transl. "Hail Lord Rama"). Singh accused Home Minister Amit Shah of holding an "all-party meeting, pretending to restore peace and their MLA is engaged in inciting riots." Verma meanwhile defended himself claiming the slogans were raised by civilians.[135]

Indian National Congress president Sonia Gandhi held a press conference at which she said that Shah should resign for failing to stop the violence. She asked for the deployment of an adequate number of security forces.[133] Gandhi's press conference was followed by a press conference by Prakash Javadekar; he said that there is "selective silence" from AAP and Congress and he added that they are politicising violence.[136]

After three days of violence with 20 deaths, the Prime Minister of India, Narendra Modi, shared a message on Twitter asking people to maintain peace. Commentators said that he reacted only after the departure of President Trump, whom he had been hosting on a state visit while the riots began.[137][138][139][140]

On 26 February, the US Commission on International Religious Freedom (USCIRF) conveyed "grave concern" over the riots and requested the Indian government to provide protection to people, no matter which faith they belonged to.[141] US Senator and 2020 US presidential candidate Bernie Sanders and other American politicians expressed their concerns over the events. In response, on 27 February 2020, the Ministry of External Affairs spokesperson, Raveesh Kumar, stated that these remarks were "factually inaccurate", "misleading" and "aimed at politicising the issue".[142] BJP general secretary BL Santhosh threatened Sanders with election interference due to his condemnation.[143] The US issued a travel advisory for its citizens to exercise caution.[144]

On 27 February, United Nations High Commissioner for Human Rights, Michelle Bachelet, stated, "Indians in huge numbers, and from all communities, have expressed—in a mostly peaceful manner—their opposition to the Act, and support for the country's long tradition of secularism,". She expressed concern on the citizenship law and reports of "police inaction" during the communal attacks in Delhi.[92] Twelve eminent citizens of Bangladesh also expressed grave concern over the communal clashes on that day. They expressed fear that India's failure to handle the situation could create a volatile environment in its neighbouring countries, which could destroy peace, democracy, development and communal harmony in the region.[145] The Governor of Meghalaya, Tathagata Roy, wanted lessons to be learned from Deng Xiaoping's handling of the 1989 Tiananmen Square protests for ways to handle the riots.[146]

On 27 February, Turkish president Erdogan criticised the violence. He said, "India right now has become a country where massacres are widespread. What massacres? Massacres of Muslims. By who? Hindus."[147]

On 2 March, the Chief Minister of West Bengal, Mamata Banerjee, alleged that the Delhi riot was a "planned genocide".[148][149]

On 5th March, Supreme Leader of Iran, Ayatollah Ali Khamenei, asked the Indian Government to confront extremist Hindus and their parties and stop the massacre of Muslims of India, to prevent India from being isolated from the world of Islam.[150]

Response by the government

On 24 February 2020, the Ministry of Home Affairs stated that the violence appeared orchestrated to coincide with President Donald Trump's February 24–25, 2020 visit to India.[151] The Ministry also refused to bring in the Army to control the riots and stated that the number of central forces and policemen on the ground was adequate. More than 6,000 police and paramilitary personnel were deployed in the area.[49]

Home Ministry's meeting

On the morning of 25 February 2020, the Chief Minister Arvind Kejriwal chaired an urgent meeting of all party MLAs from the violence-hit areas and senior officials. Several MLAs raised concerns on the lack of deployment of enough policemen.[70] The concerns were raised by Kejriwal in the subsequent meeting chaired by Home Minister Shah and attended by Delhi Lieutenant-Governor Anil Baijal and senior police officials. The meeting concluded with the decision to take all possible steps to contain violence. Kejriwal stated that Shah had assured the availability of an adequate number of policemen.[70]

National Security Advisor Ajit Doval was given the responsibility of restoring peace in the region.[133][152] On 26 February, Doval travelled to the violence-hit regions and spoke to locals, assuring them of normalcy.[153]

Relief measures

On 27 February, Kejriwal announced free treatment for the injured in government as well as private hospitals under the Farishta scheme. The government had made arrangements with the help of NGOs to supply food in areas where a curfew had been imposed. He also announced a compensation amount of 1 million (US$12,000) to affected people, 100,000 (US$1,200) ex-gratia, and 500,000 (US$6,000) in the case of a death of a minor.[92] He also announced that the Delhi government had set up nine shelters for the people affected by the riots. For people whose houses were completely burnt, immediate assistance of 25,000 (US$300) was announced.[93]

Food and other relief materials were distributed with the help of resident welfare associations and NGOs.[154] BJP leaders Tajinder Bagga and Kapil Mishra collected 7.1 million (US$85,000) for the Hindu victims of Delhi riots via crowdfunding.[155]

Investigation

On 27 February 2020, Delhi Police informed that two Special Investigation Teams (SIT) were formed to investigate the violence.[156] DCP Joy Tirkey and DCP Rajesh Deo were appointed head of these SITs respectively, along with four Assistant Commissioners in each team.[157] Additional Commissioner of crime branch, B.K. Singh is supervising the work of the SITs. On 28 February 2020, the police also informed forensic science teams who visited the crime scenes to collect evidence.[158]

As of 28 February 2020, police had registered 123 FIRs and around 600 individuals involved in the violence were taken into custody.[159] Some activists were charged with offences under Indian Penal code and the Arms Act. Their friends and relatives alleged that they were tortured in custody.[160][161][162]

Supreme Court hearing

Bhim Army chief Chandrashekhar Azad Ravan, along with former Chief Information Commissioner Wajahat Habibullah and social activist Syed Bahadur Abbas Naqvi, filed an appeal in the Supreme Court seeking direction to the police to file reports over cases of violence that occurred since the night of 23 February. His petition also accused Mishra of "inciting and orchestrating the riots".[163] The plea was filed through Advocate Mehmood Pracha, in an intervention in a matter relating to removal of protesters from the public road in Shaheen Bagh and is scheduled for hearing on 26 February.[164][70]

On 26 February, while hearing the issue, the Supreme Court criticized Delhi Police for not doing enough to stop the inflammatory speech and the violence. The bench, consisting of Justices Sanjay Kishan Kaul and K. M. Joseph, slammed the police for lack of "professionalism" and questioned why the police had to wait for orders to act during such law and order situation.[165] The court added that the violence could have been prevented if the police had taken the necessary action on the people who incited violence. The Supreme Court did not entertain any plea on the Delhi incidents as the case is being heard in the Delhi High Court.[166]

High Court hearing

A plea was filed in the Delhi High Court, seeking police reports and arrests of the people involved in the violence.[70] It was to be received for an urgent hearing on 25 February. However, the court stated that the plea would be heard on 26 February. The plea filed by activists Harsh Mander and Farah Naqvi also asked for a Special Investigation Team (SIT) to investigate the incident, in addition to compensation for those killed and injured. It also requested for the deployment of the Indian Army to maintain law and order in the affected areas of Delhi.[70]

Court hearing on 26 February

At midnight on 26 February, the court bench consisting of Justices S. Muralidhar and Talwant Singh, heard the plea to provide the safe passage to the riot victims to reach their nearest government or private hospitals.[167][168] Following this, the court ordered the police to safeguard and help all victims to reach their nearest hospitals. The bench also directed the police to submit a report of compliance that would include information about the injured victims and the treatments offered to them. The same was to be placed before the court for the following hearing date.[169][170][171]

In the morning during the hearing, the court asked the DCP of crime branch, Rajesh Deo, and the Solicitor General of India, Tushar Mehta, if they had watched the inflammatory speech given by Kapil Mishra. In response, DCP Deo surprised the court by saying he did not watch the video of Mishra but watched videos of Anurag Thakur and Parvesh Verma.[172][173] The Court then played the video clip of Kapil Mishra's speech, going on to direct the police to decide within 24 hours on filing cases related to the hate speeches made by the four BJP leaders, Kapil Mishra, Anurag Thakur, Parvesh Verma and Abhay Verma.[3][174] The bench had expressed "anguish" over the inability of Delhi Police to control the riots and its failure to file FIRs against the BJP leaders for their hate speeches. It was noted that Delhi could not be allowed to repeat incidents like the 1984 anti-Sikh riots.[175]

Transfer of Justice Muralidhar

Late on the night of 26 February, Justice S. Muralidhar who presided over the plea hearing, was transferred to Punjab and Haryana High Court. He was transferred on the same day he condemned the Delhi Police for its failure in controlling the riots or filing cases against BJP leader for hate speech.[176][175] However, official sources said this was a routine transfer which had been recommended by the Supreme Court a fortnight before.[177] BBC News reported that his "biting comments could have hastened his transfer". The news of his removal from the case was criticised by many Indians who expressed concern.[176] The Congress party called his transfer a move to protect the accused BJP leaders.[178] The Delhi High Court Bar Association criticised the transfer and asked the Supreme Court collegium to revoke it.[179]

Court hearing under new bench

On 27 February, the court resumed the hearing with a new bench consisting of Chief Justice D.N. Patel and Justice C. Hari Shankar. During the previous hearing, the Delhi police were given 24 hours to decide on the filing of FIRs over hate speeches by four BJP leaders. The government's lawyer claimed that the situation was not "conducive" and that the government needed more time before it could take appropriate action. The new bench accepted the same arguments that the previous bench had rejected. The new bench agreed to give the government more time to decide on filing of the cases for hate speech.[180] The petitioners' lawyer requested an earlier hearing, citing the increasing number of deaths, but the court set 13 April as the date of the next hearing.[181]

On 28 February, the court issued notices to Delhi and central governments seeking their responses on registering FIRs on Congress party leaders Sonia Gandhi, Rahul Gandhi, and Priyanka Gandhi on the charges of delivering hate speeches.[182][183] Hearing another plea, the bench also issued notice to Delhi police and central government for their response on registering FIR on AAP MLA Amanatullah Khan, actress Swara Bhaskar, activist Harsh Mander and on AIMIM leaders like Akbaruddin Owaisi, Asaduddin Owaisi, and Waris Pathan. The court later posted the matter to be heard again on 13 April.[184][185]

See also

Footnotes

  1. ^ Previously, on 17 December 2019, violence occurred during the CAA-protests in the Seelampur area, in North East Delhi. On 3 January 2020, DCP Surya told media that adequate security personnel and proper security arrangements were in place in the Seelampur area and no further gatherings and violence were expected.[40]
  2. ^ Initial reports said that Ratan Lal had died of a head injury after being hit by a stone. However, the autopsy report said that a bullet was found in his body.[55]

References

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