Plea in HC against reports by extra judicial bodies on north-east Delhi riots

A plea in the Delhi High Court on Tuesday sought that fact-finding reports by various extra judicial bodies like the Delhi Minorities Commission (DMC) on the riots in the national capital last year be declared as having no standing in law.

A bench of Chief Justice D N Patel and Justice Jyoti Singh issued notice to the Centre, Delhi Police and various extra judicial bodies, including DMC, seeking their stand on the petition by a lawyer whose school was burnt down in the north-east Delhi riots in February last year.

Communal clashes had broken out in north-east Delhi on February 24, 2020 after violence between the Citizenship (Amendment) Act (CAA) supporters and protesters spiralled out of control leaving at least 53 people dead and around 200 injured

The petitioner has contended that since the charge sheet has been filed in the FIRs lodged in connection with the burning down of the school, the fact finding reports by extra judicial bodies would interfere with the due process of the trial.

He has sought that the reports be removed from public domain and be declared as having "no value in law".

Solicitor General Tushar Mehta, who appeared for the Centre in the matter, told the court that DMC was a statutory body and its report can be called for by the trial court at any time even if the prosecution decides not to rely on it.

He said the accused or the victims may rely upon the report.

Mehta further said that while some of the reports are by self constituted bodies, the DMC was a statutory body.

The fact finding report of DMC has pointed fingers at BJP leaders for allegedly "inciting" people through speeches during the Assembly elections.

The findings of DMC were disputed by the BJP which accused the minorities panel of levelling baseless allegations against the saffron party.

The 130-page report in its findings has also alleged "inaction" on the part of Delhi Police