The riddle is finally solved. The CBI has named two elusive cops from the Delhi Police who allegedly let Faizan, a 23-year-old Muslim youth, die during the 2020 Delhi riots after beating him up and forcing him to sing Vande Mataram and the national anthem. The CBI has now found “substantial evidence”, show court records.

In 2024, Newslaundry had uncovered how evidence in the case was compromised at the very start, with glaring holes in Faizan’s medico-legal certificates. There were a string of statements that had corroborated a single truth: that a string of policemen posted in Kardampuri were responsible for the assault and for the transfer to the hospital on February 24, 2020. Despite clear duty charts, no police official had been held responsible for what the Delhi High Court termed a hate crime. 

The case was subsequently transferred to the CBI, which had filed an FIR on August 6, 2024, under sections 147 (rioting), 148 (armed), 149 (common object), and 302 (murder) of the IPC.

On Wednesday, taking cognisance of a chargesheet filed by CBI, a special CBI court stated: “During investigation, evidence was collected by the IO (investigating officer) and on the basis of investigation carried out, the present chargesheet has been filed against accused Head Constable Ravinder Kumar and Constable Pawan Yadav. There is sufficient material on record to take cognizance for commission of offence u/s 323, 325, 304(II) r/w Section 34 IPC and substantive offences thereof.”

Section 323 deals with voluntarily causing hurt; Section 325 with voluntarily causing grievous hurt, and Section 304(II) is applied when there is knowledge that an act is likely to cause death, but no direct intention to kill. Section 34 deals with violent assault involving a group. The court has asked both policemen to be present on the next date of hearing on February 24.

The case refers to the viral video clip of an incident that showed five men, including Faizan, lying injured on the ground while a group of Delhi Police personnel stood by, purportedly telling them to sing the national anthem, and, occasionally, hitting them with their lathis. Faizan died in a hospital on February 26, 2020, a day after his release from Jyoti Nagar police station, where he was taken after police officers allegedly assaulted him.

In July 2024, the Delhi High Court raised questions on the Delhi Police’s investigation into the case and transferred it to the CBI following a writ petition filed by Faizan’s mother, Kismatun, who alleged that her son “died at the hands of the Delhi police”.

In its July 24, 2024, order, the high court said: “In the present case, apart from the fact that the custodians of the law are themselves accused of having committed its breach, the perpetrators of the offence are themselves members of the agency that is investigating them. This situation does not inspire confidence. To add to this are the various anomalies and aberrations noticed in the investigation carried-out by Delhi Police so far... transfer of investigation is necessitated in the present case, to guard the credibility of the investigation and to instill confidence in the victims as to the fairness of the process.”

An excerpt from Faizan’s dying declaration, submitted before the high court reads, “Police had beaten him up and humiliated him because he was a Muslim. After a while, the police officers took Faizan and the other men to GTB Hospital in a white-coloured police Gypsy… no doctor spoke to him and all the medical inquiry and treatment were carried out by doctors on the instructions of the police. Faizan was given stitches to his head and ear. Faizan said that after this the policemen took him and some other men to the Jyoti Nagar police station.”

Lawyer and activist Vrinda Grover, who represented Faizan’s mother in the Delhi High Court, has issued a statement taking note of the CBI court’s order, while also criticising the central agency for not uncovering the names of the other policemen involved in the assault.

“It is telling that 5 years and 10 months later, a chargesheet has been filed in the case of a hate crime, where the viral video shows a group of 5 or more uniformed policemen mercilessly assault and target young Muslim men to prove their patriotism by singing the national anthem – Jan Gan Man – during the February 2020, Delhi riots on a public road,” she said.

“The video explicitly shows more than two policemen involved in the targeted assault. It is surprising that the CBI investigation could not uncover the names of the other policemen who formed the criminal gang and unlawful assembly. Here is a case where custodial interrogation was necessary and warranted to uncover the names of the other accused,” she added.

Meanwhile, Grover also criticised the CBI for not taking action against the Jyoti Nagar police station, where Faizan was allegedly kept in “illegal detention” after the assault. 

“Also, after the initial assault by the cops, Faizan was kept in illegal detention at Jyoti Nagar PS for over 24 hours and released only when he was on the verge of succumbing to his injuries. The second limb of the crime has once again been eclipsed, and the Jyoti Nagar PS police officials have been shielded. This is therefore a belated and half-hearted arraignment of only two of the accused cops. Clearly, the brotherhood of Khaki continues to overwhelm a mother’s right to justice. At the appropriate stage, this incomplete investigation will be challenged on behalf of the victim before the court.”

Newslaundry reached out to the Delhi Police for comment, but had received no response at the time of writing this report.

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