Delhi riots cases: FIRs connected to riots are sensitive, Delhi Police tells High Court

Delhi police has told the Delhi High Court that the FIRs registered in connection with the recent riots in northeast Delhi has been termed as "sensitive", while defending its decision to not upload them on their official website. "A conscious decision has been taken to declare the 'FIRs connected to riot as sensitive. This has been done primarily to preserve the communal harmony as putting these FIRs in public domain would disclose the names of complainants, witnesses and accused persons," Delhi Police told the High Court. The Delhi police also declined to provide copies of FIRs, remand applications, orders of remand and ground of arrest and copies of charge sheets to the families and counsels of accused persons. "As far as providing of such other documents mentioned in the prayer under reply are concerned, it is submitted that these documents cannot be provided during the pendency of investigation of the case as it may hamper the investigation of the case," the Delhi police said in an affidavit. It added that as and when a charge sheet is filed before the concerned court, the accused is provided a full set of charge sheet, including other documents, by the court free of cost as per the provision prescribed under Section 207 of Code of Criminal Procedure. The police's response came on a petition by CPI(M) leader Brinda Karat to make public the list of persons arrested in connection with the recent violence in the northeast Delhi. The Delhi police replied that Ms. Karat is neither an accused nor a complainant nor a witness in any of the 751 cases registered in connection with riots in northeast District. "Disclosing the names of the persons arrested/detained during the period of investigation would prejudice the right of the accused," the polce said, but submitted a list of the arrested persons since March 23, 2020 before the High Court in a separate sealed cover. Ms. Karat, in her petition, has urged the High Court to direct the police to follow due process of listing of names of arrested persons outside the Police Control Room or Police Station, and updated on a case-by-case basis.

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