The court ruled that the investigation into custodial violence must be fair and transparent, especially when police are implicated, necessitating a transfer to an independent agency for credibility.

JUDGMENT

ANUP JAIRAM BHAMBHANI J.

The present case arises in the backdrop of protests that were on-going since mid-December 2019 in certain parts of Delhi, including North-East Delhi, in the context of promulgation of the Citizenship (Amendment) Act, 2019 („CAA‟).

2. The petitioner is the mother of deceased Faizan, a 23 year-old young man, who died on the intervening night of 26.02.2020 and 27.02.2020. The petitioner‟s allegation is that Faizan died at the hands of Delhi Police by reason of unlawful use of force and authority.

3. Respondents Nos. 1, 2 and 3 are respectively the Department of Home, Government of NCT of Delhi; the Investigating Officer of the Special Investigation Unit-I, Crime Branch, New Delhi, who is presently in-charge of the investigation inter-alia into Faizan‟s death; and the Station House Officer of P.S.: Jyoti Nagar, Delhi.

4. The principal prayer in the petition is for the court to issue a direction constituting a „fresh‟ Special Investigation Team („SIT‟) comprising senior police officers with demonstrably unblemished record and credibility to carry-out an independent, impartial, professional and time-bound investigation into Faizan‟s death under the supervision of this court. The petitioner also prays that this court should monitor the investigation by calling-for periodic status reports/action taken reports. The petitioner has also sought other consequential and ancillary reliefs.

5. The court has heard Ms. Vrinda Grover, learned counsel appearing for the petitioner as well as Mr. Amit Prasad, learned Special Public Prosecutor („SPP‟) representing the respondents.

PETITIONER’S CONTENTIONS

6. The petitioner puts her case as follows :

6.1. The petitioner‟s son Faizan, aged about 23 years, used to work at a meat shop in Ghazipur Mandi, Delhi.

6.2. On 24.02.2020, Faizan had stepped-out of his home to look for his mother since she had not returned from Kardampuri bridge, Delhi where she was participating in an anti-CAA protest alongwith many other women.

6.3. When the petitioner returned, she did not find Faizan at home; and though her other son Nadeem tried to call Faizan on his cell-phone, the calls did not connect. However, since in the meantime violence had broken-out around the locality, the petitioner and her other son did not think it prudent to leave their home in search of Faizan.

6.4. The petitioner says, that it later transpired that Faizan and some other young men belonging to the Muslim community had been dragged and dumped onto a road in the locality and had been beaten-up by the police. She further says, that in that helpless condition, as the young men lay beaten-up on the road, some policemen forced them to sing the National Anthem.

6.5. The petitioner contends that thereafter Faizan, alongwith the other young men, was taken to GTB Hospital in a police vehicle (a white Maruti Gypsy), where Faizan received some basic medical treatment, including stitches on his head and ear; and that Faizan was referred by the doctors at GTB Hospital for further specialised medical treatment.

6.6. The petitioner contends that at around 08:00 p.m. on 24.02.2020, she received information that her son Faizan was at GTB Hospital; but when the petitioner alongwith her other son Nadeem and daughter Shazia reached the hospital, they could not find Faizan in the Emergency Ward; and upon showing Faizan‟s photograph