Delhi riots and violence ,Shaheen bagh

Last year the entire world watched the capital Delhi not only burning with fire but with hate speeches, provocation , communal aggression , political vendetta and lack of authentic knowledge are the chief reasons which i think led to the present protests which became violent riots during which 53 people were killed and a minimum of 581 were injured.

The riots showed was utter failure of law and order in Delhi , In Akhilesh Prasad vs Union Territory Of Mizoram, the Supreme Court held that the Central Reserve police (CRPF), is additionally an armed force. Various other paramilitary forces (now officially called CAPF or Central Armed Police Force) also are defined as soldiers of the Union under their respective Acts.

How precisely the legal powers vested in Section 129 are to be used was prescribed within the case of Karam Singh vs Hardayal Singh And Ors. it had been held that before any force are often used, three prerequisites are to be satisfied. Firstly, there should be an unlawful assembly with the thing of committing violence or an assembly of 5 or more persons likely to cause a disturbance of the general public peace. Secondly, such assembly is ordered to be dispersed, and thirdly, in spite of such orders to disperse, the assembly should have refused to disperse.

Thus, the police can never have any excuse for not acting or expecting orders from their superiors or the political executive.

Courts have played an important role , Courts ordering release of several accused on bail are severe on the prosecution. Acute lack of credible evidence, no merit within the police version, multiple FIRs registered against an equivalent person for ostensibly an equivalent offence are just a few of the eccentricities the courts recorded.

In several cases the accused were identified from video footage of crowds during which only the rear of the accused are often seen. many arrests were made on the idea of unreliable witnesses, third parties and hearsay. In a minimum of five cases courts have pulled up Delhi Police for leaking selective or prejudiced information and misinformation and running a media trial.

• In State v Umar Khalid Delhi Court on Thursday granted bail to Umar Khalid in connection with a Delhi Riots case the court observed that “The investigation in the matter is complete and chargesheet has already been filed. The trial in the matter is likely to take long time. The applicant has been in judicial custody in the matter since 01.10.2020. The applicant cannot be made to incarcerate in jail for infinity merely on account of the fact that other persons who were part of the riotous mob have to be identified and arrested in the matter.”

• This is not just a single case courts have granted relief to many innocent people. According to the data collected from these courts, a total of 4,347 bail applications have been processed, out of which 3,546 have been allowed and 801 rejected.
• Shaheen bagh judjement is the most welcoming judgement as it upheld right to mobility of the residents and observed Right to protest cannot be anywhere and anytime which means it should be at a designated place I believe this is more than signal to Delhi police about there mishandling of the situation and courts had to jump in.

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