The Allahabad High Court directed the UP government to file a reply on allegations of tardy investigation and holding back crucial evidence in a 2017 communal riots case in Ballia district.
Justice Saumitra Dayal Singh on Friday gave the government a month to reply to questions raised by the victims’ counsel S Farman Naqvi.
On October 1 and 2, communal riots broke out in Sikadarpur town leading to arson and loot of various business establishments. Two persons were injured in the incident, while two others were arrested.
An FIR was registered under IPC sections 295-A (injuring or defiling place of worship with intent to insult the religion of any class), 147 (rioting), among others. The case is being heard by a district court, where the police submitted a charge sheet.
Naqvi, in his petition, claimed the charge sheet left out the “main culprits” named by his clients and instead named “low-rung criminals”.
Justice Singh said, “Certain crucial evidence which should have necessarily been collected, has remained from being collected by the police authorities and the same has not been brought on record. Learned counsel for the applicants further submits that in absence of such evidence, the trial court is likely to fail.Learned AGA prays for and is granted four weeks’ time to file counter affidavit in respect of contention made.The said counter affidavit shall necessarily address the issue noticed above.”
“The evidence referred to by the counsel for the applicants in the shape of footage recorded in the CCTV available of area near the premises where the incident had occurred and certain eye witnesses, the details of the same have been given in the application. The grievance of the applicant appears to be that despite such applications no investigation has been conducted in that regard,” Singh noted.
Naqvi’s petition had said: “The investigation conducted by the police is very tardy and the relevant evidences, material exhibits and materials as well statements of key witnesses were not at all collected during investigation by the police which ultimately amounted to helping high-profile political persons and their accomplices.”
Source : Indian express