Vande Chants: Court Directs FIR Against SHO in Landmark Ruling

NEW DELHI: A Delhi court has instructed the registration of an FIR against the former SHO of the Jyoti Nagar police station concerning a group of individuals who were compelled to sing the national anthem and Vande Mataram while they lay injured during the 2020 Delhi riots. The court noted that the police officers had “engaged themselves in hate crimes,” as reported by Vineet Upadhyay.
The court also advised the complainant, Mohammad Waseem, to approach the MP/MLA court to seek the filing of an FIR against BJP’s Kapil Mishra, whom he identified on February 24, 2020, as allegedly leading an unlawful assembly. The court remarked that the action taken report was silent regarding the former MLA, implying either a failure on the part of the investigating officer to conduct an inquiry against him or an attempt to cover up the allegations.
Court: Kapil Mishra is in the public eye and subject to greater scrutiny
The alleged accused number three (Kapil Mishra) is in the public eye and is susceptible to more scrutiny; such individuals direct the sentiments and mood of the general public, and thus, responsible behavior is expected from them within the framework of the Constitution of India.
Mishra has been nominated by the BJP from the Karawal Nagar constituency in northeast Delhi for the assembly elections scheduled this month.
“Clearly, the SHO PS Jyoti Nagar, Tomar (full name not provided), and other unidentified police officials have engaged in hate crimes against the complainant/victim, and they cannot claim protection under the guise of sanction, as the offenses committed by them cannot be considered as having been executed in the discharge of their official duties,” the court stated.
The directives from Udbhav Kumar Jain, judicial magistrate first class, were issued in an order dated January 18 while reviewing the complaint submitted by Waseem. It sought the registration of FIRs against Mishra, the then SHO, and others involved in alleged crimes against him and others.
The court observed that the action taken report submitted by the investigating officer merely denied the allegations but failed to include any substantial steps taken for conducting a preliminary inquiry.
“The ATR is also silent regarding the aspect of CCTV footage from the date of the alleged incident, which should have been investigated by the investigating officer. Thus, the inquiry concerning the alleged acts/offenses against the complainant has not been conducted properly,” the court remarked.
The court instructed the current SHO of the Jyoti Nagar police station to assign a responsible officer, no lower in rank than an inspector, to investigate the matter and examine the involvement of other unidentified police officials in the alleged offenses.
The court stated that an FIR should be registered against the former SHO for offenses under Section 295A (deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs), 323 (voluntarily causing hurt), 342 (wrongful confinement) and 506 (criminal intimidation) of the Indian Penal Code, 1860.
In August 2024, the Delhi HC transferred the investigation into the death of 23-year-old Faizan, who was part of the group, to the CBI. Allegations have been made that Faizan died due to custodial torture inflicted by police personnel at the Jyoti Nagar police station.
The incident is linked to a video recorded during the 2020 Delhi riots, which went viral on social media. The video showed various Delhi Police personnel assaulting the individuals and forcing them to sing the national anthem and Vande Mataram to demonstrate their patriotism, while also hurling communal slurs. Last July, the Delhi Police initiated departmental inquiries against two officers involved in the case.