New Delhi, Feb 5 A Delhi court has taken cognisance of a CBI chargesheet filed against two Delhi Police constables for offences, including culpable homicide, in a case where a mother alleged that her 23-year-old son died during the 2020 riots after "unlawful use of force" by some policemen.
Additional Chief Judicial Magistrate Mayank Goel noted that the CBI filed its chargesheet against Head Constable Ravinder Kumar and Constable Pawan Yadav.
In its order passed on Wednesday, the court also noted that the present case was registered on August 6, 2024, for the offences of murder, rioting and unlawful assembly by the central agency after directions of the Delhi High Court.
It said, "The present case arises in the backdrop of protests that were ongoing since mid-December 2019 in certain parts of Delhi, including northeast Delhi, in the context of the promulgation of the Citizenship (Amendment) Act, 2019. The mother of deceased Faizan has alleged in her petition that her 23-year-old son died at the hands of Delhi Police by reason of unlawful use of force and authority."
The court said that based on the investigation, the present chargesheet had been filed against the accused officials.
It said, "There is sufficient material on record to take cognisance for commission of offences under IPC Sections 323 (voluntarily causing hurt), 325 (voluntarily causing grievous hurt), 304(II) (culpable homicide not amounting to murder) read with Section 34 (common intention) of the IPC and substantive offences thereof."
According to the law, for constituting an offence under IPC Section 304 Part II, the act must be done with the knowledge that it is likely to cause death, but such an act is done without any intention to cause death.
The court summoned the accused police constables on February 24.
In July 2024, the Delhi High Court transferred to CBI the case pertaining to deceased Faizan, who was also seen in a viral video being purportedly assaulted and forced to sing the national anthem during the communal riots here in 2020.
The high court had passed its order on a petition filed by Faizan's mother for a probe by a Special Investigation Team (SIT).
Kismatun, in her plea filed in 2020, alleged that the police assaulted and illegally detained her son, and denied him critical healthcare, due to which he succumbed to injuries on February 26 that year after being released.
Communal clashes had broken out in northeast Delhi on February 24, 2020, after violence between citizenship law supporters and protesters spiralled out of control, leaving at least 53 people dead.
