CBI takes over investigation into death of Faizan who was 'forced' to sing National Anthem
New Delhi, Aug 7: The CBI has registered an FIR to probe the death of a 23-year-old man who was seen in a viral video being purportedly assaulted and forced to sing the national anthem during the communal riots here in 2020.
The agency has taken over the investigation of the case from the Delhi Police on the directives of the city high court issued on July 23.
In a video clip that had gone viral on social media, Faizan, along with four other Muslim men, was seen being beaten up by policemen and forced to sing the national anthem and "Vande Mataram," the national song
Faizan's mother Kismatun, in her plea filed in 2020, alleged that police assaulted and illegally detained her son, and denied him critical healthcare due to which he succumbed to injuries on February 26 that year after being released.
Police, in a status report filed in the court in a sealed cover in 2022, had said the process of identifying the guilty personnel was still on.
In March, they had told the court that they were awaiting the forensic analysis of certain video footage from the National Forensic Sciences University in Gujarat.
In his order, Justice Anup Jairam Bhambhani noted that actions of Delhi Police were "too little, too late".
"It is extremely important to note that this case presents allegations of gross violation of human rights, inasmuch as the unlawful actions of the policemen, who are yet to be identified, were motivated and driven by religious bigotry and therefore would amount to a 'hate-crime'", he had noted.
Justice Bhambhani said mob-vigilantism and mob violence do not cease to be so merely because these are perpetrated, not by ordinary citizens, but by policemen.
"If anything, the clement of abomination gets aggravated if hate-crime is committed by persons in uniform," he has said.
He said existence of the two sets of video footage showing Faizan alone being encircled and beaten mercilessly by policemen, and the second, which shows several young men, including Faizan, lying in an injured state on a road and being brutally assaulted by policemen, is not disputed.
"Even if it is assumed that Faizan and/or the other young men had sustained some injuries earlier-on during rioting, several policemen present at the spot are clearly seen surrounding, dragging, kicking and striking blows on Faizan and the other young men with batons/lathis; abusing them; and ordering them to sing the National Anthem while they are lying seriously injured and helpless on the roadside," he observed in his order.
The Delhi High Court said perpetrators of the alleged crime are at large even after four years of the incident.
Justice Bhambhani noted that probe so far is not suggestive that it is being conducted with "required promptitude".
"I am allowing the petition. I am transferring the case to CBI," he said.
Communal clashes had broken out in northeast Delhi on February 24, 2020, after violence between citizenship law supporters and protesters spiralled out of control, leaving at least 53 people dead and around 700 injured.
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BJP, TMC hail SC directions on counting of votes for West Bengal polls
Kolkata (PTI): The BJP and TMC on Saturday both hailed the SC directions on the Election Commission's circular over the deployment of central government personnel for vote counting in West Bengal.
The apex court on Saturday said no further order was necessary on the TMC's plea challenging the Calcutta High Court's dismissal of its petition against the April 13 circular.
In a social media post, BJP leader Amit Malviya said, "In yet another legal setback, the Supreme Court has refused to intervene. The Trinamool Congress had approached the court challenging the exclusion of state government employees from vote-counting supervisor duties, and had sought an urgent hearing."
"The refusal to entertain this plea underscores a clear message -- attempts to influence or cast doubt over the integrity of the counting process will not find easy validation. Another day, another judicial rebuff for Mamata Banerjee," he added.
The TMC, however, claimed that the SC directions vindicated its stand.
"The issue raised before the Hon'ble Supreme Court pertained to the implementation of the said communication in a manner whereby only Central Government/Central PSU employees were being appointed as Counting Supervisors and Counting Assistants for counting of votes," the party said in a statement.
The TMC said it was highlighted that such an interpretation and implementation of the communication would be contrary to the framework of a fair and balanced counting process.
"After hearing the parties, the Hon'ble Supreme Court directed that Clause 1 of the communication dated 13.04.2026, relating to the appointment of Counting Supervisors and Counting Assistants, must be read along with the salient feature contained in the second page of the said communication, which provides for random selection of both State Government and Central Government employees," it said.
"The Hon'ble Supreme Court has further recorded the undertaking of Mr Dama Seshadri Naidu, learned Senior Advocate appearing for the Election Commission of India that the said communication shall be followed in its letter and spirit," it added.
The TMC said that in view of the directions, it is expected that the counting of votes shall be conducted in a fair, transparent, and balanced manner.
A special bench of Justices P S Narasimha and Joymalya Bagchi said the EC can choose the counting personnel, and its April 13 circular, which provides for deployment of state government employees as well, cannot be said to be incorrect.
The poll body said the apprehensions of TMC of any wrongdoing are misplaced, as the circular very clearly states that there will be a mix of central and state government employees.
The EC assured the court that the circular would be implemented in letter and spirit, and there would be state government employees also during the counting of votes on May 4.
Polling for the 294-member West Bengal assembly was held in two phases -- April 23 and April 29. The counting of votes will be taken up on May 4.
On April 30, the Calcutta High Court dismissed the TMC's petition against the Election Commission circular, saying there was no illegality in the poll panel's decision to appoint counting supervisors and assistants from Central government and Public Sector Undertaking (PSU) employees, instead of the state government staff.
