Friday, December 8, 2023

Reports of Delhi Minorities Commission, other rights groups on Delhi pogrom ‘fake’, Union tells HC

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The Union government has filed an affidavit before the Delhi High Court denouncing the practice of some rights groups and other ‘vested interests’ constituting ‘extra-judicial commissions’ to investigate northeast Delhi pogrom 2020 and create narratives which may lead to ‘social and political unrest’.

The affidavit was filed by the Union government in support of a Public Interest Litigation (PIL) seeking quashing of different reports prepared by the Delhi Minorities Commission (DMC), Amnesty International, Human Rights Watch and Citizens and Lawyers Initiative on the Delhi Riots of 2020, Bar and Bench reported.

The plea, filed by an advocate named Dharmesh Sharma, also sought quashing of an inquiry panel set up by an organisation called Constitutional Conduct Group, the legal website reported. The Group includes nearly 100 former civil servants and most renowned human rights defenders in India.

The fact-finding reports called the violence “anti-Muslim pogrom” and exposed the police complicit in the attack against Muslims.

“Based on the fake, false or half true facts presented before it these ‘private and extrajudicial commissions’ enters into a, so called, process of collecting and recording evidences to give it a façade of statutory inquiry or investigation and after conducting such exercise comes out with a completely biased report which in most of the cases is found to be report acting as a cover-up to the offence and portraying real accused as victims of the crimes and real victims the accused of crimes,” read the affidavit.

The Union government has said that the Delhi Minorities Commission report is not only without jurisdiction, but also ‘fake’, and has been engineered by people with ‘oblique and extraneous motives’.

Delhi Police allowed Hindu mobs to roam the streets freely to target the Muslim community during the violence and even joined them in attacking local Muslim residents of the region, the fact-finding report by the Delhi Minorities Commission (DMC) had revealed. The 134-page report had tried to delve into the causes of violence and its perpetrators along with the role of Delhi Police which comes under Home Minister Amit Shah. The report was submitted to Lt Governor Anil Baijal and Chief Minister Arvind Kejriwal.

The government also said that the other reports abrogate fair trial and should be declared non-est so that they are not relied upon by any judicial forum, including courts, Bar and Bench reports.

Today, hearing of the matter, a Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad was told that another bench is seized of similar matters.

The Court, therefore, transferred the case to a Bench headed by Justice Siddharth Mridul.

The matter will now be heard on February 10, Bar and Bench reported.

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