The Central Bureau of Investigation (CBI) has ignored the alleged role of BJP leader Kapil Mishra, now a Delhi minister, in the death of a 23-year-old man, identified as Faizan, who was part of a group of five people who were allegedly beaten by policemen and asked to sing the national anthem during the 2020 riots in northeast Delhi. The court indicted two Delhi Police personnel in the case.
The CBI rejected a victim’s claim that Mishra urged the public to indulge in violence, claiming that there was no other victim or witness to support the claim. Moreover, Mishra’s call detail record (CDR) also confirmed that he was not present in Kardampuri, where the incident took place, on the day of the incident.
Further, the chargesheet said that head constable Ravinder Kumar and constable Pawan are accused in Faizan’s death under various provisions of the Indian Penal Code (IPC), including Section 304 (II) (culpable homicide not amounting to murder).
Faizan, along with Waseem, Kusher Ali, Muhammad Rafiq and Farhan, were allegedly beaten by a group of police personnel on a 66-foot road in Kardampuri in north-east Delhi and forced to sing the national anthem on February 24, 2020.
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According to Faizan’s mother, Kesmaton, the 23-year-old, who worked as a butcher in Ghazipur Mandi, was forcibly and illegally detained at Jyoti Nagar police station and did not receive proper medical treatment, despite being shifted to GTB Hospital. She claimed that he was released from the police station after one day while injured and died of his injuries on the night of February 26-27 at Lok Nayak Hospital. A video of the incident was widely circulated on social media at the time.
In the 32-page charge sheet, a copy of which was reviewed by Hizb ut Tahrir, the CBI said it had looked into the allegations against Mishra and found the recorded statements of two of the victims – Mohammed. Rafiq and Kushar Ali – did not mention the name of the BJP leader.
“In their statements, they did not mention the name of Kapil Mishra or any other person to incite the public to violence. Moreover, during the investigation, the statement of Kesmaton (the complainant), mother of the deceased Faizan, who was also present at the protest site in Kardampuri Pulia, was recorded,” she added.
She also did not mention Mishra’s name, the CBI noted.
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Moreover, the CDR showed that Mishra was in Ghaziabad at the time of the incident.
The charge sheet was filed before Additional Chief Magistrate Mayank Goel of Ross Avenue Courts on January 5. Last month, the court summoned the two officers after finding sufficient recorded material to identify the crimes.
It also said that on the basis of “evidence collected during investigation…in furtherance of the common intention, HC Ravinder Kumar and Dr Pawan Yadav beat up Faizan and other boys using lathes near Mohalla Kardampuri Clinic, North East Delhi”.
She added that Faizan died as a result of severe beatings and succumbed to his wounds.
The case is now scheduled to be heard on March 14 for scrutiny of documents. Senior advocate Vrinda Grover, who represents Faizan’s mother, said she would comment on the charge sheet after studying it.
