Five Years Post Delhi Riots: Acquittals Soar Amid Police Investigation Failures

Five years after the Delhi riots that claimed over 50 lives, recent analyses reveal that more than 80% of court decisions in riot-related cases have resulted in acquittals. The ongoing legal turmoil highlights serious flaws in police investigations, raising questions about accountability and justice for victims and the accused alike.

In the aftermath of the deadly riots that erupted in February 2020 in Delhi, legal proceedings related to the violence reveal a troubling trend. A BBC Hindi examination discovered that over 80% of the cases that reached court concluded with acquittals or discharges, leaving many without a sense of justice or closure. The clashes, primarily between Hindus and Muslims triggered by a controversial citizenship law, led to more than 50 fatalities and extensive property damage.

The investigations carried out by Delhi police have drawn criticism for alleged biases and inadequacies. They registered 758 cases and arrested over 2,000 individuals, including students and activists accused of involvement in a so-called conspiracy against India's unity. Critics argue that substantial evidence has been lacking, with many witnesses turning hostile or failing to support the prosecution, resulting in only a small fraction—20 cases—leading to convictions.

Data obtained through India’s Right to Information Act revealed that in murder-related charges, out of 62 cases, there was just one conviction. Courts have highlighted shortcomings in police investigations, citing “predetermined chargesheets” and unreliable testimonies from police witnesses. Judges have lamented the failure of investigators to conduct thorough inquiries, indicating that the very nature of judicial processes pertaining to these riots is in jeopardy.

The treatment of certain individuals during the riots has further emphasized the impact on communities. Shadab Alam, an individual wrongfully detained for 80 days, detailed his ordeal as a reflection of police conduct, implicating systemic biases against the Muslim community during the chaos. His case, which ended in discharge, highlighted the court’s criticism of police handling, suggesting a disregard for proper investigative procedures.

In a related case, accused Sandip Bhati faced manipulated video evidence but was exonerated when a full analysis contradicted police claims of his wrongdoing. The court underscored the necessity for police accountability in light of such misconduct, raising questions about the integrity of judicial evidence.

Several activists remain imprisoned while awaiting trials that stretch on for years. Gulfisha Fatima, among those still detained under stringent anti-terror laws, exemplifies the protracted challenges faced by those involved. Her family’s persistent hope indicates the emotional toll of sustained legal battles amid calls for comprehensive reform in the inquiry processes.

Former Supreme Court Justice Madan Lokur emphasized the need for self-reflection within the prosecution and police sectors, calling for mechanisms to account for wrongful or unnecessary arrests. With ongoing trials juxtaposed against numerous acquittals, the path to justice remains fraught with difficulties, compelling communities to grapple with both the consequences of the riots and the inadequacies within the legal system.