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On 8 August, 2020, the Delhi High Court while considering a writ petition filed by Sahil Parvez and Saeed Salman, whose father and mother were killed in the carnage and riots took place in the North east part of Delhi in the last week of February 2020 refused to quash the order of the Special Commissioner of Police, dated July 8, which stated ‘resentment among Hindu community’ in the wake of arresrs in Delhi riots cases to advise police officers to exercise due care while making arrests.
The single bench of Justice Kumar Kait held that “no prejudice has been caused by the said directions as it was issued only after accused person have been charge-sheeted.”
Further, the Court also noted that the cases related to riots in Delhi were registered before the issuance of the impugned letter on July 08.
“Since in my considered opinion, the accused persons have already been charge-sheeted before issuance of letter dated 08.07.2020, no prejudice has been caused.”
Court also noticed that the electronic/print media has published some news which is against the letter and spirit of the order dated 08/07/2020 issued by the Respondent. “It is suggested that media being the fourth pillar of democracy, news should be clear after verifying the facts so that no prejudice is caused to anyone or hatred is spread among communities in this country”, the court said.
The petitioner prays to quash the impugned order on the ground that the order reflects bias on the part of police. The petitioner claimed that the order of July 8 amounts to illegal and unlawful inference in the performance of investigate functions by the Police Officers.
The delhi Police through Mr. Amit Mahajan, appearing for respondent, informed the Court that till date 535 Hindus and 513 Muslims have been charge-sheeted in all the cases. Also stated that first Para of the aforesaid order is input received from intelligence in writing and the second para is the instructions to the subordinate officers stating that due care and precaution are taken while arresting any person.
The Delhi High Court refused to quash the impugned order.
The Court observed that:
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