The Central Bureau of Investigation (CBI) discarded the alleged role of Bharatiya Janata Party (BJP) leader Kapil Mishra, now a Delhi minister, in the death of a 23-year-old man, identified as Faizan, who was part of a group of five people who were allegedly beaten by policemen and asked to sing the national anthem during the 2020 riots in northeast Delhi. The court charge-sheeted two Delhi Police personnel in the case.
The CBI discarded the allegation by one of the victims that Mishra had exhorted the public for indulging in violence, claiming that no other victim or witness supported this claim. Moreover, Mishra’s call detail record (CDR) further confirmed he was not present in Kardampuri, where the incident took place, on the day of the incident.
Furthermore, the chargesheet named head constable Ravinder Kumar and constable Pawan as accused in Faizan’s death under various provisions of the Indian Penal Code (IPC), including section 304(II) (culpable homicide not amounting to murder).
Faizan, along with Wasim, Kausher Ali, Mohd Rafique, and Farhan, were allegedly thrashed by a group of police personnel on 66-foot Road in northeast Delhi’s Kardampuri and were forced to sing the national anthem on February 24, 2020.
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According to Faizan’s mother, Kismatun, the 23-year-old who worked as a butcher at the Ghazipur Mandi was forcefully and illegally detained at the Jyoti Nagar police station and did not receive adequate medical treatment, despite being taken to the GTB Hospital. He was released from the police station a day later in an injured condition and succumbed to his injuries on the intervening night of February 26 and February 27 at the Lok Nayak Hospital, she alleged. A video of the incident had circulated widely on social media at the time.
In its 32-page chargesheet, a copy of which has been reviewed by HT, the CBI said it had looked at the allegations against Mishra and found the recorded statements of two of the victims — Mohd. Rafiq and Kaushar Ali — did not name the BJP leader.
It added, “In their statements, they have not named either Kapil Mishra or any other person for exhorting the public for violence. Further, during investigation, the statement of Kismatun (complainant) mother of deceased Faizan, who was also present at the protest site at Kardampuri Pulia, was recorded.”
She, too, the CBI noted, did not name Mishra.
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Furthermore, the CDR showed that Mishra was in Ghaziabad at the time of the incident, it said.
The chargesheet was submitted before additional chief judicial magistrate Mayank Goel of the Rouse Avenue Courts on January 5. Last month, the court summoned the two officers finding sufficient material on record to take cognisance of the commission of the offences.
it further said that on the basis of the “evidence collected during the investation…in furtherance to a common intention, HC Ravinder Kumar and Ct Pawan Yadav, beat Faizan and other boys with lathis near Mohalla Clinic Kardampuri, North East Delhi”.
As a result of severe beating, Faizan died due to the injuries sustained by him, it added.
The case will now be taken up on March 14 for scrutiny of documents. Senior advocate Vrinda Grover, appearing for Faizan’s mother, said she would comment on the chargesheet after studying it.
