Plea filed in Delhi HC against reports by extra-judicial bodies, North-East Delhi riots

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Sushree Mohanty

A plea filed in the Delhi High Court has demanded that fact discovering reports documented by various extra-judicial bodies like the Delhi Minorities Commission (DMC) on the situation of riots that took place in the capital state a year ago be pronounced as having no standing in law. 

The Division Bench comprising of Chief Justice D N Patel and Justice Jyoti Singh gave notice to the Centre, Delhi Police and the extra-judicial bodies, including Delhi Minorities Commission, demanding a response on the plea by the Advocate whose school was torched in the north-east Delhi riots in February 2020.

The applicant has argued that since the charge sheet has been documented in the First Information Reports registered regarding the burning down of the school, the fact-finding reports by extra-judicial bodies would meddle and cause hindrance with the fair treatment of the trial.

“The form and content of the reports are designed in a way to deceive the judicial forums and the public, and pass off the same to prejudice people against the investigation and s subsequent proceedings in accordance with the law,” he said.

He has additionally demanded that the reports be taken out from public access and be proclaimed as having “no standing in law”.

Solicitor General Tushar Mehta, representing the Centre, told the court that Commission was a legal body and its report can be called for by the trial court whenever there is a need.

He submitted that the victims or the accused may depend upon the report.

Mehta further submitted that while a portion of the reports is filed by an independently constituted body, the Delhi Minorities Commission was a legally constituted statutory body. 

The reports of DMC have pointed fingers at Bhartiya Janta Party Leaders for purportedly ‘inciting’ individuals through speech during the elections. 

The discoveries of the Minorities Commission were questioned by the political party which blamed the minorities’ board for levelling unmerited claims against them.

The 130-page report in its investigations has likewise asserted ‘inaction’ with respect to Delhi Police.

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