New Delhi: The Delhi Police has said that FIRs registered in connection with the riots that broke out in the city’s north-east area in February have been termed “sensitive” and hence cannot be uploaded on their official website.
In a five-page status report filed before the Delhi High Court Tuesday, the police’s legal cell said a “conscious decision has been taken to declare the FIRs connected to the riots as sensitive”.
This, it said, has been done to “primarily preserve communal harmony” as sharing the FIRs would disclose the names of complainants, witnesses as well as the accused.
The status report was filed before a bench led by Justice Vipin Sanghi in response to a petition filed by CPI (M) leader Brinda Karat.
The high court took the report on record but did not issue any order. It has listed the petition for further hearing before the chief justice’s bench.
Karat’s plea to disclose names of those arrested in relation to the violence during the lockdown, since 24 March, was also turned down. The police said such a disclosure would “prejudice the rights of the accused”.
Also read: Arrest of 2 Jamia students during lockdown for February riots in Delhi kicks up a storm
‘Following Supreme Court verdict on sharing of FIR’
In her petition, Karat has said that the Delhi Police should have uploaded the FIRs on its website within 24 hours of their registration, according to the Supreme Court’s directions.
The apex court has said that the family of an accused can apply for a certified copy of the FIR from a police officer or the superintendent of police on payment of a fee. The top court has also said that an exception to refuse an FIR can only be made in “sensitive cases”.
Karat alleged “lack of public accountability and transparency” over the arrests and detentions made by the Delhi Police in connection with the violence.
The CPI (M) leader sought a direction to the Delhi Police to supply copies of remand applications (filed to keep an accused in custody), orders of remand and ground for arrest, as well as copies of the chargesheets via mail or WhatsApp to the families and lawyers of all accused.
Dismissing her charges, the police said that its procedure for providing FIR copies to the accused is followed by the district and investigating units of the Delhi Police according to the Supreme Court’s directions.
The documents, as suggested by Karat, cannot be provided while investigation into the cases are underway since it may hamper the process, the police said. Copies of all documents will be given once a chargesheet is filed before the court, it added.
‘Can’t ask for names as Karat isn’t an accused or complainant’
While refusing to divulge the names of those arrested during the lockdown, the police said that Karat had no locus standi to ask for such details.
“The petitioner is neither an accused nor a complainant nor a witness in any of the 751 cases registered in connection with riots in North East District. Disclosing the names of the persons arrested/detained during the period of investigation would prejudice the right of the accused,” stated the police’s report.
The police, however, submitted the names in a sealed cover before the court for its perusal
Also read: Delhi Police file first charge sheet in communal riots case, name shooter Shahrukh
Love the sealed covers. We should move to transparent judgements which can go like this – based on submitted evidence in sealed covers and which is too sensitive to be disclosed to anyone, the accused is pronounced guilty. Etc etc.
And obviously The Print disapproves of the Police’s decision. Why isn’t anyone surprised?
The Print is a Chinese Pakistani Congress mouthpiece.