In the forced National Anthem case during the Delhi 2020 riots case, the Karkardooma court has ordered to register an FIR against the then Station House Officer (SHO) of Jyoti Nagar Police Station. Judicial Magistrate First Class (JMFC) Udhbhav Kumar Jain gave the direction to file a case against the SHO and other officers involved in 'hate crime'. The court also asked the victim to approach the special MP/MLA court to file an FIR against Kapil Mishra, citing his status as a former MLA.
FIR under these sections
The court observed that these officers can not be protected under the garb of sanction as alleged offences committed by them cannot be said to have been committed while acting or purporting to act in the discharge of their official duty. "Thus, FIR be registered under sections 295-A (deliberate and malicious insult of a religion or religious belief), 323, 342, 506 IPC against the SHO PS Jyoti Nagar (Tomar) who was holding the said post in February-March 2020," the court ordered on January 18.
The court further directed the Current SHO to depute a responsible officer not below the rank of Inspector to investigate the present matter and the role of other unknown police officials involved in the commission of alleged offences can be ascertained during investigation.
The court pronounced its order while hearing a complaint filed by Mohd Waseem for the registration of an FIR against Police officials and others.
Regarding an FIR against Kapil Mishra, the court asked the complainant Mohd Waseem to approach the special court. "The alleged accused no.3 being a former MLA, only Special Courts can try offences against sitting or former MPs/MLAs. Hence, the complainant must approach the concerned court qua alleged accused no.3," the court said in the order.
In July last year, another similar matter was transferred by the High Court to the CBI for an investigation into the forced singing of the National anthem and beating of one Faizan who had succumbed to his injuries.
(With ANI inputs)