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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Ordinance issued to increase number of Supreme Court judges from 34 to 38
New Delhi (PTI): The government has promulgated an ordinance to increase the strength of the Supreme Court from the present 34 judges to 38, including the Chief Justice of India.
The law ministry notified the ordinance on Saturday, which amended the Supreme Court (Number of Judges) Act, 1956, to increase the sanctioned strength of the top court.
So far, the sanctioned strength of the top court was 34, including the Chief Justice of India (CJI). Now, the number of judges has been increased by four, taking the sanctioned strength to 38.
The top court will now have 37 judges, other than the CJI.
With the apex court having two vacancies at present, and the ordinance coming into force immediately, the Supreme Court Collegium will now have to recommend six names for appointment as judges in the top court.
A bill will be brought in the Monsoon Session of Parliament to convert the ordinance – an executive order – into a law passed by Parliament.
The Union Cabinet had cleared a draft bill on May 5 to increase the number of apex court judges.
The strength of the Supreme Court was last increased from 30 to 33 (excluding the CJI) in 2019.
The Supreme Court (Number of Judges) Act, as originally enacted in 1956, put the maximum number of judges (excluding the CJI) at 10.
This number was increased to 13 by the Supreme Court (Number of Judges), Amendment Act, 1960, and to 17 by another amendment to the law.
The Supreme Court (Number of Judges) Amendment Act, 1986, augmented the strength of judges from 17 to 25, excluding the CJI.
A fresh amendment in 2009 further increased the strength from 25 to 30.
Article 124(3) of the Constitution lists the qualifications required to become a Supreme Court judge.
An Indian citizen who has either served as a high court judge for at least five years, or as an advocate for 10 years, or is a distinguished jurist, can be appointed to the top court.
The strength of the Supreme Court is increased based on the recommendations of the CJI, who writes to the Union law minister. After consulting the finance ministry, the Department of Justice under the law ministry moves the Cabinet with a draft bill.
