Riots probe for the sake of justice let prosecution be independent of delhi police

Riots probe for the sake of justice let prosecution be independent of delhi police

Confrontation is brewing between the AAP government and lieutenant governor Anil Baijal over appointment of special counsel to represent Delhi police in Supreme Court and Delhi high court in the northeast Delhi riots cases. The cabinet rejected the panel proposed by Delhi police and approved by Baijal, instead tasking the home department to appoint another set of lawyers. Earlier, the appointment of special public prosecutors to handle riots cases in trial courts had undergone similar wrangling before Baijal prevailed over AAP.

Delhi police’s eagerness to have its own lawyers in the riots cases does raise a stink. And there is none else to blame. Its conduct during the anti-CAA protests and February riots prompted charges of negligence, outright bias and collusion with one set of rioters. Complaints of police not registering FIRs against BJP netas like Kapil Mishra haven’t helped either. Last week, Delhi HC castigated police for “misusing the judicial system” and “taking the system for a ride”, noting its shoddy probe in attempting to cancel a riot accused school owner’s bail. The same court has also sought copy of a reported top cop note to subordinates to give the probe a communal tilt. Another HC bench had restrained police from selective leaks of allegations against Pinjra Tod activist Devangana Kalita.

Trial courts, meanwhile, have granted bail to some riots accused, noting weak or non-existent evidence. Police have appealed these orders in Delhi HC. A representative and accountable government is duty bound to place checks and balances against police overreach. Prosecutors representing the state are charged with doing justice to both victims and accused, and not merely act as police mouthpieces. Delhi police, courts and government must work together to ensure justice is fairly delivered. Else, India will never be free from the scourge of communal riots and religious divisions.