Delhi HC Transfers Investigation into Faizan's Death to CBI Amid Allegations of Forced National Anthem Singing During 2020 North-East Delhi Riots

Delhi HC Transfers Investigation into Faizan's Death to CBI Amid Allegations of Forced National Anthem Singing During 2020 North-East Delhi Riots

Today, the Delhi High Court assigned the investigation into the death of 23-year-old Faizan, who was reportedly compelled to sing the national anthem during the 2020 North-East Delhi riots, to the Central Bureau of Investigation (CBI).

Justice Anup Jairam Bhambhani granted the request made by Kismatun, Faizan's mother, for a Special Investigation Team (SIT) probe into her son's death. This plea was initially filed in 2020.

“I am allowing the petition. I have transferred investigation to the CBI,” the court said.

The case involves a viral video showing Faizan, along with four other men, allegedly being beaten by the police while being forced to sing "Vande Mataram." Advocates Vrinda Grover, Soutik Banerjee, and Devika Tulsiani represented Faizan's mother, while Special Public Prosecutor Amit Prasad represented the Delhi Police. The mother has alleged that the Delhi Police illegally detained Faizan and denied him essential medical care, leading to his death from injuries on February 26, 2020.

Faizan passed away at the city's GTB Hospital within 24 hours of being released from Jyoti Nagar police station, where he was allegedly assaulted by police officers. In April, his mother argued that a comprehensive investigation into her son's death could not be delayed any further.

Grover referenced a recent Supreme Court ruling in Awungshi Chirmayo and Anr. v. Government of NCT of Delhi and Ors. to argue that, in a similar case, the Court deemed it appropriate to transfer the investigation to the CBI. This was based on the premise that, despite the probe being fair, it was still deemed ineffective. Additionally, Grover informed the court that Faizan's death was a “hate crime and custodial murder,” asserting that he was “targeted for his religion.”

In 2022, a coordinate bench had criticized the Delhi Police for the delay in investigating the case and requested a detailed status report signed by the concerned Deputy Commissioner of Police.

Title: Kismatun v. State

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