News Analysis India

Tag: Delhi Riots

  • Court to pronounce judgment in Delhi riots related case on Tuesday

    By PTI
    NEW DELHI: A court here is scheduled to pronounce judgment on Tuesday in a case related to the 2020 northeast Delhi riots in which a man was charged for rioting, dacoity, and being part of an unlawful assembly.

    According to the police, accused Suresh, along with a huge crowd of rioters carrying iron rods and sticks, allegedly broke open the lock of a shop situated in Delhi’s Babarpur Road and looted it on February 25 evening.

    Additional Sessions Judge Amitabh Rawat had reserved the order on April 21 and since then the verdict has been deferred seven times.

    On March 9, 2021, the court had framed charges against Suresh under Sections 143 (punishment for being a member of an unlawful assembly), 147 (punishment for rioting), 427 (mischief causing damage) of the Indian Penal Code.

    He was also charged under Section 454 (house-trespass) read with Section 149 (member of unlawful assembly guilty of offence committed in prosecution of common object) and 395 (punishment for dacoity) of the Indian Penal Code to which he pleaded not guilty and claimed trial.

    The shop belonged to one Bhagat Singh and was rented to Asif, who is the complainant in the case.

    During the investigation, Singh told the police that the “rioters were aggressive and wanted to loot the said shop because it was of a Muslim and he tried to stop them but in vain.”

    Communal clashes had broken out in northeast Delhi in February 2020, after violence between the Citizenship (Amendment) Act supporters and its protesters spiraled out of control leaving at least 53 people dead and over 700 injured.

  • Facebook can’t skip Delhi riots panel: Supreme Court 

    Express News Service
    NEW DELHI: Stressing that social media platforms should show accountability towards its users, the Supreme Court on Thursday said the Delhi Assembly can seek information from Facebook and its officials in connection with their alleged role in the 2020 Delhi Riots. However, the Assembly’s Peace and Harmony committee would have no jurisdiction over issues like law and order of Delhi, which comes under the Central government.

    “Because of the nature of the riots, the Assembly without transgressing into any field of the Union under 7th Schedule can look into the issue,” a three-judge bench of the court said. Hearing a plea by Facebook India against the summons issued by the committee to its head Ajit Mohan, the bench, while calling it premature, stated he must appear before the committee, but his representative can choose not to answer questions outside of the Assembly’s domain.

    The bench said social media platforms like Facebook have the power and potential to influence people across borders, and debates and posts on them have the potential to polarise the society as most people do not have the wherewithal to verify the content.

    “The capital can ill-afford any repetition of the occurrence, and thus, the role of Facebook in this context must be looked into by the powers that be. It is in this background that the Assembly sought to constitute a Peace and Harmony committee. It cannot be said that its concerns were misconceived or illegitimate,” the court said in its 188-page judgment. 

  • Social media by no means altruistic, can polarise public debates: Supreme Court

    Express News Service
    NEW DELHI: Stressing the importance of social media, the Supreme Court on Thursday said such platforms have become power centres unto themselves, having the ability to influence vast sections of opinions. Dealing with a plea related to the summons issued to Facebook by the Delhi Assembly’s Peace and Harmony Committee in connection with Delhi riots, a bench of Justices Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy commented, “Facebook has the power of not simply a hand but a fist, gloved as it may be. They cannot wash their hands of the issue as this is their very business. Their role is not as innocuous as they are seeking to contend,” the court said with of Facebook’s role in Delhi riots.

    The observations are significant as social media companies, including Facebook and Twitter, have often argued that they are just intermediaries and cannot be held liable under India laws for misuse/abuse of the platform by the users.

    “These platforms are by no means altruistic in character but rather employ business models that can be highly privacy intrusive and have the potential to polarise public debates,” the bench said. Highlighting the spread of misinformation on such platforms which has created ripples across the globe, the court elaborated that even “election and voting processes, the very foundation of a democratic government, stand threatened by social media manipulation”.

    “The concern is whether the liberal debate which these platforms profess to encourage has itself become a casualty.” The bench held that for intermediaries to say they can sidestep this criticism is a fallacy, as they are at the centre of these debates. “It has to be noted their platform has also hosted disruptive voices replete with misinformation.

    These have had a direct impact on vast areas of subject matter which ultimately affect the governance of states. In this modern technological age, it would be too simplistic for an intermediary like Facebook to contend they are merely a platform for exchange of ideas without performing any significant role themselves, especially given their functioning and business model,” the court said.

    The bench observed governments have expressed concern for necessity of greater accountability by these intermediaries which have become big business corporations with influence across borders. It said algorithms, which are sequences of instructions, have human interventions to personalise content & influence opinions.

  • Mission to secure release of other political prisoners: Student activist Asif Iqbal Tanha

    By Express News Service
    NEW DELHI:  Student activist Asif Iqbal Tanha, who was released on bail after being arrested under the UAPA in connection with the northeast Delhi riots, on Tuesday said securing the release of other political prisoners is their mission now.

    Tanha, who walked out of Tihar last week, met his mother, who had come down from Hazaribagh in Jharkhand. A Jamia Millia Islamia student, Tanha also expressed his gratitude towards his friends, his organisation Students Islamic Organisation of India (SIO) and civil society members who raised their voice for him and other political prisoners like him.

    Before I write anything else, I want to express gratitude to God, who gave me courage during my to bear the atrocities of jail and the mental stress of court proceedings.2/n
    — Asif Iqbal Tanha (@AsifTanhaJamia) June 22, 2021

    “I want to say and write a lot, but the most important thing to emphasize that while Devangana, Natasha and my release is a moment of joy but not a victory. Many of our friends are still languishing behind bars, Securing their release and putting a stop on the misuse of UAPA is our next mission. I hope that all those who have been arrested 4 Delhi Pogrom & Bhima Koregaon will be free soon & we will all once again crowd the streets, revive our democracy and establish social justice,” he said in a series of tweets.

    While thanking God, who “gave me courage… to bear the atrocities of jail and the mental stress of court proceedings’, he said that his mother and family were his greatest source of “courage and patience” after him.

    “Coming out of jail after 13 months and meeting my mother, family, friends and fellow activists, I feel like a caged bird who found a new sky. This sky is much higher, weather more pleasant and inviting for a long flight,” he said on Twitter.

    The HC had on June 15 granted bail to Tanha and JNU students Devangana Kalita and Natasha Narwal saying in an anxiety to suppress dissent the State has blurred the line between right to protest and terrorist activity and if such a mindset gains traction, it would be a “sad day for democracy”. 

  • North East Delhi riots conspiracy case: HC says legitimate dissent a key feature of democracy

    Express News Service
    NEW DELHI: The Delhi High Court, while granting bail to activists Natasha Narwal, Devanagana Kalita and Asif Iqbal Tanha – accused in the North East Delhi riots conspiracy case – underscored the constitutional right of people to dissent and protest.

    Dismissing the charges of Unlawful Activities Prevention Act (UAPA) against the three, the court noted – “in its anxiety to suppress dissent and in the morbid fear that matters may get out of hand, the state has blurred the line between the constitutionally guaranteed ‘right to protest’ and ‘terrorist activity” referring to the stringent provisions of UAPA slapped against the three.

    READ HERE | Asif Iqbal Tanha, Natasha Narwal and Devangana Kalita get bail in Delhi riots case

    In the bail orders of Narwal and Kalita, a division bench comprising Justices Siddharth Mridul and Anup Jairam Bhambani also observed that “If such blurring gains traction, democracy would be in peril”.

    Mincing no words, the two-judge bench of the Delhi High Court, in the bail order of Kalita stated – “We are afraid, that in our opinion, shorn-off the superfluous verbiage, hyperbole and the stretched inferences drawn from them by the prosecuting agency, the factual allegations made against the appellant do not prima facie disclose the commission of any offence under sections 15 (Terrorist act), 17 (Punishment for raising funds for terrorist act) and 18 (Punishment for conspiracy) of the UAPA.”

    ALSO READ | A protest by college students doesn’t shake foundations of our nation: Delhi HC

    In separate judgments, the court went on to state that even if it were to assume for the sake of argument, that in the present case inflammatory speeches, chakkajams, instigation of women protesters and other actions, which Narwal and Kalita are accused of, “crossed the line of peaceful protests permissible under our Constitutional guarantee, that however would yet not amount to commission of a ‘terrorist act’ or a ‘conspiracy’ or an ‘act preparatory’ to the commission of a terrorist act as understood under the UAPA.”

    Whether the protests crossed the limit of what is permissible under Article 19(1)(a) and 19(1)(b) and became non-peaceful protests were subject matter of another FIR, in which both Kalita and Narwal were already on bail, the court noted.

    The court said that making inflammatory speeches, organising chakka-jams etc were common in the face of widespread opposition to governmental or parliamentary actions. In Narwal’s bail order, the court remarked that the government may prohibit public meetings, demonstrations or protests on streets or highways to avoid nuisance or disturbance of traffic “but the Government cannot close all streets or open areas for public meetings thereby defeating the fundamental right that flows from Article 19(1) (a) and 19(1)(b) of the Constitution.”

    Quoting a judgment of the Supreme Court, the two-judge bench of the Delhi High Court said, “legitimate dissent is a distinguishable feature of any democracy and the question is not whether the issue raised by the protestors is right or wrong or whether it is justified or unjustified. The fundamental aspect is the right which is conferred upon the affected people in a democracy to voice their grievances. Dissenters may be in a minority. They have a right to express their views. A particular cause, which in the first instance, may appear to be insignificant or irrelevant may gain momentum and acceptability when it is duly voiced and debated.”

    The court further said that in the chargesheet filed against the three, ‘there is a complete lack of any specific, particularized, factual allegations, that is to say other than those sought to be spun by mere grandiloquence.’

  • Republic Day violence: Media house denies in Delhi HC any offensive reporting against Sikh community

    By PTI
    NEW DELHI: A media house has denied before the Delhi High Court the allegations of indulging in “offensive and potentially fatal” attack on the Sikh community by airing on its channel unverified videos regarding the Republic Day protest by farmers against new agri laws.

    In an affidavit filed in the high court, it has claimed that “not even a single assertion was made in relation to the Sikh community”.

    The affidavit has been filed in response to one of two PILs which have alleged that the media house “concocted”, “offensive and potentially fatal” attack on the Sikh community by circulating unverified videos regarding the Republic Day protest by farmers on its news platform.

    The Ministry of Information and Broadcasting has also filed its response to one of the two PILs, saying it is the responsibility of the channel owner to ensure that a programme telecast on TV does not violate the Programme Code prescribed under the Cable Television Networks (CTN) Rules.

    “Whenever a violation of the Programme Code is brought to the notice of the Ministry of Information and Broadcasting, appropriate action is taken as per the Cable Television Networks (Regulation) Act,” said the affidavit, filed through central government standing counsel Ajay Digpaul.

    The ministry said it has also set up an Inter-Ministerial Committee (IMC) to look into specific complaints regarding violation of the code.

    The affidavits of the ministry and the media house have been filed in response to the plea moved by Rajya Sabha MP Sukhdev Singh Dhindsa claiming that the “vicious campaign directed against a particular community at a time when public sentiments are flared up could result in disastrous consequences, including endangering the lives, property and liberty of members of that community”.

    A similar plea was moved by Delhi resident Manjit Singh G K contending that “allegations as made out in the said videos are absolutely untrue, baseless and a concoction of phantom imagination which bears no nexus to facts, whatsoever”.

    Denying the allegations against it, the media house has claimed that the plea by Dhindsa was an attempt to “impose fetters or stifle the reporting of the press”. It has also alleged that the petition was a “political gimmick to gain political mileage”.

    Referring to the CTN Act and Rules, the media house said, “There is a complete mechanism in relation to the regulation of the content of news broadcast in India. There is no further requirement of any additional legal structure or legislation in this regard.”

    It has also contended that the petitioner has not approached the appropriate body, News Broadcasting Standards Authority (NBSA), with any grievance before coming to the court.

  • Farmer unions demand high-level judicial inquiry into FIRs registered over R-Day violence

    Express News Service
    CHANDIGARH: Farmer unions have demanded a high-level judicial inquiry into the violence that took place in Delhi on Republic Day. They said that 16 persons are still missing and alleged that Delhi Police is trying to implicate farmers in false cases.

    “Initially, 122 farmers were booked, most of them on charges of attempt to murder and dacoity. The purpose of booking them on these charges is to sabotage the agitation and make sure that farmers are behind bars for long… The police are trying to spread terror,” said Samyukta Kisan Morcha’s legal cell head Prem Singh Bhangu.

    ALSO READ| Punjab farmer part of protests at Singhu dies of cardiac arrest

    Bhangu and advocate Kuldeep Singh demanded a juridical probe by a retired Supreme Court or high court judge. “The innocent are being framed in false cases,” they alleged.  The farmer leaders said they visited Tihar Jail on Friday to speak to those arrested. They informed that the Morcha has arranged Rs 2000 per heed for canteen expenses for the persons held there.

    They said it was the responsibility of Delhi Police to trace the 16 missing. “These people went missing from the national capital. We have sent a written representation, but the police are keeping mum. Of the 16, nine are from Haryana, one from Rajasthan and rest from Punjab. Of the 122 in custody, 10 have been granted bail,” said Bhangu.

    ALSO READ| Farm laws: Footfall at mahapanchayats emboldens unions

    Accusing the police of harassing the farmers, the unions have promised to stand by them. Rajinder Singh, member of the Morcha’s legal team, said that farmers can approach their legal cell for assistance. He said that 122 farmers had been arrested by Delhi Police in connection with 14 of the 44 FIRs. “We are still to get copies of 22 FIRs. Two farmers went to police after getting notices and were arrested. We will provide legal and financial aid to the arrested farmers,” said Singh.

  • Delhi Police acted swiftly, in impartial manner during Delhi riots: Govt to Lok Sabha

    Union Minister of State for Home G Kishan Reddy also said that proportionate and appropriate actions were taken by the Delhi Police to control the situation.

  • Delhi riots: Design by media to prejudice opinion against me, Khalid tells court

    By PTI
    NEW DELHI: Former JNU student leader Umar Khalid alleged before a court here on Thursday there was a “deliberate design” by the media and a “concerted effort” to prejudice opinion against him in a north-east Delhi riots case.

    The submissions were made before Chief Metropolitan Magistrate Dinesh Kumar during the hearing on a plea moved by Khalid, in which he alleged a “vicious media trial” by leaking of the supplementary charge sheet filed against him even before the court took cognisance.

    Khalid said the alleged adversarial media reports, which painted him as guilty, were continuing and caused him deep distress.

    “The adversarial media reports, painting me not only as an accused but almost as a guilty have continued.

    I want to point it out to you as it is causing me deep distress and clearly affecting my right to a fair trial.

    The fact that it is continuing even after me pointing it out to you, I see it as a deliberate design,” he alleged.

    He further claimed that extracts from his alleged disclosure statement, which hold no value in the court of law, have been made into headlines.

    He pointed out that the alleged disclosure statement have “refused to sign” written below his name.

    Referring to a media report which allegedly quoted the court saying that Khalid and co-accused Tahir Hussain conspired together, he claimed the media was propagating as if the court had said it when it had simply taken cognisance of the charge sheet.

    “You can imagine that the police can write anything in a document which I have refused to sign.

    On one hand of course there is a deliberate design by the media but this thing of leaking of the charge sheet even before the court took its cognisance officially, I see it as a concerted effort to sort of prejudice opinion against me and affect my right to a fair trial,” Khalid alleged.

    To this the judge told him he can file a separate complaint felt there was an alleged vendetta going on against him.

    Khalid also submitted that he wanted to go through the photographs and the video footage filed as part of the charge sheet in jail and asked to be provided the same.

    To this the court directed the investigating officer to provide a pen drive containing the photographs and the video footage to the concerned Jail Superintendent who should allow to watch the contents on a computer screen available in prison.

    The court put up the matter for further hearing on January 19.

    It had earlier sought reply from the police as to how the copy of a supplementary charge sheet, filed against Khalid in the case related to riots in Khajuri Khas area, was allegedly leaked to the media, even before the accused or his counsel got it.

    Khalid has alleged in his plea that the allegations in the charge sheet and its dissemination by the media were allegedly “false” and “malicious” and compromised his right to a fair trial.

    “When I go the charge sheet, it is written below my so-called disclosure statement ‘refused to sign’.

    Despite that it is leaked and then it is reported like this.

    .

    .

    This is not the first time.

    It has happened before too.

      “I don’t expect this to be the last time also on the part of the police.

    This has been done in other cases too.

    My only hope rests with you to ensure that these kinds of practices don’t happen again.

    ” Khalid had told the judge.

    His plea has claimed that it was amply evident from several news reports, both print and television, that the charge sheet has been leaked to the media and certain sections have been citing purported segments to allegedly convey that he has inter alia admitted to having conspired to fuel the riots and to having involved children and women for organising ‘chakka jams’.

    The application has further said that though Khalid had told the court that he had not signed any document or statement during his police custody in the case, a section of the media was reporting from his alleged disclosure statement that he had allegedly accepted that he conspired to fuel the riots.

    “None of the news reports include any characterisation to the effect that the contents of the charge sheet are mere allegations at this stage that they are yet to be provided beyond reasonable doubt,” it had stated.

    It had said there was no clarification to the effect that disclosure statements made whilst in police custody are wholly inadmissible in evidence and have no basis inn law.

    “As such, the purported allegation in the charge sheet to the effect that the accused has admitted to his involvement in the north east Delhi riots, as currently being disseminated by certain sections of the media, is nothing short of vilification campaign based on wholly false and malicious assertions aimed at eroding the accused’s right to a fair trial,” it claimed.

    Communal violence had broken out in northeast Delhi on February 24 last year after clashes between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and around 200 injured.