By Our Editorial Team
First publised on 2023-02-06 06:16:56
11 accused
in the case of violence during the CAA protests near the Jamia Millia Islamia
(JMI) University have been held not guilty as charged due to lack of evidence.
Most of the accused were students of the university and were picked up by the
Delhi police after the violence. The court has categorically stated that the
prosecution failed to present any evidence of wrongdoing on their part. It also
said that the prosecution failed to prove a larger conspiracy as it presented
no evidence of the 11 accused having acted in concert and as part of a pre-decided
plan.
This reflects
poorly on the investigating capabilities of Delhi police. Were the accused
picked up as they happened to be on the spot? Did the Delhi police go after
them just to save face? Most importantly, if the 11 accused are not guilty (and
it has been proved in court as there was no evidence against them), where are
the real culprits who stoked the fires and started the violence? The court categorically
said that the police had failed to catch the 'actual perpetrators' and made 'scapegoats' of the accused. After the violence, Delhi police had said that many PFI members
had hidden in the area and instigated the riots. Why has it been unable to
arrest them?
These are
serious charges against the Delhi police. It must now probe how the
investigating officers dealt with the matter and how they decided that the 11
accused were the main culprits. It must also seriously reflect whether it is
necessary to charge all arrested persons as being part of a conspiracy when it
knows that it is difficult to prove the charge in court in the absence of
evidence against the accused persons of having acted in concert. After the
violence, Delhi police had said that many PFI members had hidden in the area
and instigated the riots. Why has it been unable to arrest them?
The court
has reiterated that peaceful assembly and dissent are a part of democracy and
no citizen can be denied this right. But violence did take place during the CAA
protests near the JMI. It was the duty of the Delhi police to indentify and
prosecute those who started the violence or took part in it. It failed in its
duty and has instead prosecuted innocent persons who were forced to spend time
in jail due to its inefficiency.