Struggles for Justice: Five Years After the Delhi Riots

As the fifth anniversary of the deadly Delhi riots approaches, a BBC analysis reveals that over 80% of cases have resulted in acquittals due to insufficient evidence, raising questions about police investigations and accountability.

Five years after the devastating religious riots that unfolded in Delhi, the quest for justice remains elusive for many of the victims and accused. A comprehensive analysis conducted by BBC Hindi reveals a troubling trend: upwards of 80% of the court cases tied to the February 2020 violence, which claimed more than 50 lives—mostly those of Muslims—have ended in acquittals or dismissals. The clashes erupted over a controversial citizenship law and witnessed brutal violence, resulting in widespread arson and disorder.

The violence, regarded as the deadliest in Delhi in recent history, was marred by allegations of police excesses and complicity. Although the police are accused of mishandling the situation, they assert that the violence was premeditated, claiming it was an orchestrated effort to destabilize the nation. Following the unrest, authorities filed 758 cases, arresting over 2,000 individuals, including student leaders and activists jailed under stringent anti-terror legislation.

A recent examination of the court's decisions from 126 cases in the Karkardooma Court reveals a disheartening reality: out of these, only 20 resulted in convictions. The remaining cases witnessed a troubling pattern where witnesses became hostile or failed to support the prosecution, which underlines a lack of sound evidence. Data attained through India’s Right to Information law indicates that in murder-related charges, there was merely one conviction among 62 cases submitted.

The courts have not shied away from scrutinizing the Delhi police's handling of these investigations. In numerous instances, judges have criticized the police for producing “predetermined chargesheets,” fabricating evidence, and displaying blatant investigative lapses. Testimonies from law enforcement were often found unconvincing, as judges pointed to inconsistencies and failures to follow through on critical leads.

In stark contrast to the police narrative, accounts from detainees like Shadab Alam indicate a distressing pattern of wrongful arrests. He described his terrifying experience of being taken into custody merely for seeking refuge from the violence, only to be accused of involvement in the riots. Many others similarly experienced injustice, waiting for formal closure on their cases as they grappled with the trauma and stigma attached to their arrests.

In another striking case, the court found apparent evidence manipulation by police against Sandip Bhati, who was accused of assaulting a Muslim man. The evidence presented against him was proven incomplete, showing his actions in a different light entirely, leading to his acquittal.

Former Supreme Court judge Madan Lokur remarked on the urgent need for the authorities to introspect and reassess their prosecutorial actions stemming from these events. The ramifications of these flawed investigations have rippled throughout the judicial system, fostering a climate of distrust and despair among those involved.

While many cases dissolve in court, a significant number of accused individuals, like activist Gulfisha Fatima, remain incarcerated, awaiting trial under serious charges. Her family’s continued hope reflects the ongoing struggle for justice and accountability within a system that too often falters.

The Delhi police have yet to respond to the mounting criticisms regarding their investigation methods, leaving families and communities entangled in legal limbo as they seek answers and redress. The shadow of the 2020 riots looms large, serving as a stark reminder of the need for thorough and equitable justice in the face of violence and chaos.