Delhi riots: Police can't lodge 5 FIRs on same incident, says Delhi HC; quashes 4
New Delhi, Sep 2: The Delhi High Court has held that police cannot lodge five FIRs for the same incident and quashed four of them registered for the alleged offences of looting and setting on fire a compound during the north-east Delhi riots last year.
There cannot be a second FIR and fresh investigation for the same cognisable offence, the high court said.
Five separate FIRs cannot be registered for the very same incident as it is contrary to the laws laid down by the Supreme Court, it said.
While maintaining one FIR, the high court quashed the other four lodged against the same accused in March last year at Jaffrabad Police Station and all the proceedings emanating therefrom.
It cannot be said that the incidents were separate or the offences are different. As stated earlier, a perusal of the charge sheets filed in the respective FIRs show that they are more or less identical and the accused are also same. However, if there is any material that has been found against the accused the same can be placed on record in the FIR, Justice Subramonium Prasad said.
The court's order came while allowing four petitions filed by accused Atir, facing prosecution in five FIRs lodged by Delhi Police on complaints by different members of the same family that when they reached their home in Maujpur area on the evening of February 24, they saw their house was set ablaze which caused a loss of articles worth Rs 7-10 lakh.
Advocate Tara Narula, representing Atir, argued that all the FIRs are in respect of the same dwelling unit and have been filed by different family members and even the same fire-brigade truck had come to extinguish the inferno.
She further contended that the consecutive FIRs could not have been filed for the same offence and it directly comes in the teeth of the principles laid down by the Supreme Court which states that more than one FIR cannot be registered for one offence.
Delhi Police claimed that the properties were distinct and the damages have been suffered individually by the residents and that the subject matter of each of the FIRs is different from others.
The court said all the five FIRs are identical in their content and more or less a facsimile of one another and pertain to the same occurrence.
It said they all pertain to one house where fire was started mischievously and spread to immediate neighbouring premises as well as floors of the same house and noted that one of the complainant had stated that the premises was his ancestral property and had been divided into four portions pursuant to a family arrangement.
The law on the subject has been settled keeping in line with the principles enunciated by the Supreme Court of India. There can be no second FIR and no fresh investigation in respect of the same cognisable offence or same occurrence giving rise to one or more cognizable offences, it said.
It added that the places which were set on fire and looted were all in the same compound and enclosed in one boundary wall and there might be discrepancy regarding the width of the passage within the same compound or the exact place where the fire was set but both the counsel for police and accused agreed that it was within one compound.
The entire incident occurred when the mob entered the compound and set fire at different places within the same compound. Same truck came to the spot to douse the fire. It, therefore, cannot be said that there are five separate incidents and, therefore, five separate FIRs cannot be registered for the very same incident as it is contrary to the laws laid down by the Supreme Court, the high court said.
Communal clashes had broken out in northeast Delhi on February 24 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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Karnataka Muslim Convention to be held in Bengaluru on May 16
Muslim organisations to release report on Congress govt’s three-year performance
Bengaluru: Major Muslim organisations and federations in Karnataka have decided to organise a large public convention titled ‘Karnataka Muslim Convention’ at Town Hall in Bengaluru on May 16. During the convention, a comprehensive report reviewing the three-year performance of the Congress government under the theme “What did the Congress government promise? What did it do? What next?” will be released.
According to a statement issued on Friday, no politicians will be invited to the convention. The report will be submitted to the government and all MLAs after the event.
The convention is being held at a time when the Congress government is nearing the completion of three years in office on May 20. Muslim organisations have expressed dissatisfaction, alleging that despite extending strong support to the Congress in bringing it to power, the community is being neglected.
The Convention is being organised at time when there are concerns over inadequate political representation for Muslims, alleged neglect of community demands, and the suspension of senior Muslim leaders who had worked for the party for decades.
The organisers said the convention aims to raise questions on what the Congress government has delivered so far and what further steps are expected from the government.
The decision to hold the convention was taken during a meeting held on May 6 at A J International Hotel in Shivajinagar, Bengaluru. Representatives of major Muslim organisations, associations, ulema bodies, federations, and members of the ad hoc committee of Karnataka Rajya Muslim Okkoota attended the meeting.
More than 75 representatives and delegates, including senior ulemas, jamaat leaders, lawyers, retired officials, journalists and members of the KRMO ad hoc committee, participated in the discussions.
Members of the KRMO ad hoc committee’s report preparation team and experts from different sectors presented a detailed report on the Congress government’s three-year performance. The report examined promises made to Muslims on ten major issues, the extent to which they were fulfilled, pending promises, alleged discrimination in representation, and the demands now being placed before the government.
The report covered issues such as the hijab ban, reservation cancellation, hate speech and hate crimes, budget allocation, political representation, waqf matters, the anti-cow slaughter law, anti-conversion law, scholarships and educational grants.
Participants offered suggestions and recommendations on various points, and necessary corrections to the report were accepted after detailed discussions.
The meeting also reportedly expressed strong dissatisfaction over the manner in which the Congress government has treated the Muslim community. Participants are said to have opined that if the government and the Congress party continue in the same manner, the community should keep its political options open.
It was later decided that the report would be officially released at the large public convention on May 16 under the title “Karnataka Muslim Convention – What did the Congress government promise? What did it do? What next?”
The organisers appealed to people from all districts of the state to participate in large numbers and send a strong message to the government and the Congress party through the convention.
They also decided that all organisations, jamaats and associations should work towards ensuring participation from every district in Karnataka.
The statement reiterated that no politicians would be invited to the May 16 convention and that the report on the Congress government’s three-year performance would be submitted to the Chief Minister, Deputy Chief Minister, ministers and MLAs after the event.
