Delhi High Court stays Rs 25,000 fine in Delhi riots case; Refuses to interfere with the trial court's remarks at this stage

Today the Delhi High Court refused to interfere with a lower court order criticising Delhi Police for failing to register an FIR concerning Northeast Delhi violence last year. However, the court granted an interim stay on the cost imposed by the lower court of Rs 25,000 till the next date of hearing.

“We can’t expunge the remarks without hearing you (Police). Costs may not be deposited till the next date of hearing,” Justice Subramonium Prasad said.

The lower court vide its order had dismissed the investigation agency’s appeal against the order of a magisterial court directing the Delhi Police to register an FIR on the complaint of one Mohammad Nasir, who lost his left eye due to a gunshot injury during the Northeast Delhi violence

The Additional Sessions Judge Vinod Yadav had expressed disappointment on the lack of efficacy and fairness in the investigation by the police in the case and stated that the investigation was carried out in a casual, callous, and farcical manner.

It was submitted by ASG S.V. Raju before the Delhi High Court that a thorough investigation was carried out and it was found that the accused was not present at the spot at the time of the incident. He further added that their main grievance at present was limited to the cost and strictures passed by the lower court against the police officers.

It was contended on behalf of the Delhi police that there was no need to register a separate FIR based on the complaint by Nasir as the police had already registered an FIR earlier and there was no evidence against the persons who allegedly shot him.

The court issued notice to Mohammad Nasir and listed the case for the next hearing on September 13.