hidden image

BIASED POLICE PROBE: Delhi Police goes berserk and takes the country to colonial days

Joseph Maliakan Joseph Maliakan
28 Sep 2020

The Delhi Police has been excelling in lawless behaviour for quite some time now. They very cleverly facilitated the brutal attack on Jawaharlal Nehru University students early this year. They stood like mute spectators when a mob attacked students and teachers and vandalised property. Incidentally, the members of the mob were wearing masks even before the coronavirus lockdown. 

In another brutal incident from earlier this year, the Delhi Police forcefully entered the Jamia Millia Islamia campus and attacked students, grievously injuring several of them and destroying university property.

The actions of the Delhi Police have been so blatantly unconstitutional that 10 retired Indian Police Service (IPS) officers led by Julio Ribeiro, former Mumbai Police Commissioner and Director General of Punjab and Gujarat Police, in a letter to Delhi Police Commissioner S.N .Srivastava on September 14 described the police investigation into the February 2020 Delhi communal riots as totally flawed. I consider this a very mild indictment because an analysis of the latest actions of the Delhi Police reveals an absolutely colonial mindset that is totally opposed to constitutional values of freedom and democracy.

As a reporter who has covered communal riots in North India in the 1980s and 1990s for the Indian Express, I can say with certainty that communal riots and killings take place in India only at the instigation of political leaders and with the connivance of the police and even the local administration. The February North East Delhi riots were no different. The police actively connived with the rioters or looked the other way.

The riots were, as is now well-established, directed against the Muslim community and the vast majority of those killed were Muslims. Initially the Muslims did retaliate but were soon outnumbered. The police openly sided with the Hindus and even obstructed movement of ambulances carrying injured Muslims to hospitals.

There is nothing very unusual about the narrative so far. Total marginalisation of Muslims has been the aim of instigating communal disturbances even during previous Congress regimes. But what is very special this time is the weaving of a conspiracy theory and the arrest of young individual activists under the draconian Unlawful Activities (Prevention) Act (UAPA).

The UAPA has been on the statute books from 1967. But what has made it a lethal weapon against all kinds of dissent, free speech and protest is the 2019 amendment. Prior to the latest amendment, only organisations could be designated terrorist. Under the latest amendment, any individual without any prior notice could be designated a terrorist and arrested.

As against maximum of 15 days police custody in arrests according to other laws, an individual arrested under the UAPA can be kept in police custody for 30 days. Similarly, judicial custody under the UAPA can stretch up to 180 days as against a maximum of 90 days in other cases.

And though the Act does not bar the grant of bail by the courts, Safoora Zargar of Jamia university is the only one booked under the UAPA who has been given bail. Even she was granted bail by the Delhi High Court on humanitarian grounds, not on merit.

Initially 18 people, mostly young activists, were arrested by the Delhi Police in the conspiracy case. An offence under the UAPA has been made out against all of them – mostly PhD students from JNU and Jamia – to ensure that they remained in jail for a long period like those booked under the UAPA in the Bhima Koregaon case in Pune.
And as the time limit of 90 days for filing a charge sheet in the conspiracy case approached, the police on September 13 arrested Umar Khalid, a former JNU student, and charged him for offences under the UAPA, sedition and several other sections of the Indian Penal Code. This has been done to keep those who are being investigated in custody for 180 days pending filing of the charge sheet. Thus, the police have intentionally subverted the intent of the law.Investigations and trials take too long. Cases are not even sent to trial for a long time. At the end of 2018, of the 2005 cases under the UAPA only 317 have been sent to trial. Under the circumstances, even an acquittal at the end of the trial will mean very little to the arrested young students, some of whom are women.

Now the question is can the courts remain silent spectators when basic freedoms of the citizens are being blatantly trampled upon by the police. The courts must step in without any further delay.


 

Recent Posts

Burial disputes involving Christians in parts of India raise profound constitutional questions on posthumous dignity, religious freedom, and equality. Denial of burial rites in public grounds is not a
apicture Adv. Rev. Dr. George Thekkekara
23 Feb 2026
History is replete with men who mistook endurance for integrity. Do not join their ranks. The office you hold is larger than any individual, and the nation's reputation is more precious than any caree
apicture A. J. Philip
23 Feb 2026
Recent political trends, parliamentary practices, institutional pressures, and majoritarian policies indicate an accelerating drift toward total electoral autocracy and a Hindu-majoritarian state, rai
apicture Jacob Peenikaparambil
23 Feb 2026
A botched AI Summit exposed the troubling gap between spectacle and substance. Rushed planning, opaque agendas, and borrowed showcases overshadowed real research. It reflects deeper systemic issues in
apicture Jaswant Kaur
23 Feb 2026
Minority activists engaging Western institutions report an expanding global network of RSS-linked diaspora organisations, lobbying, funding channels, and cultural fronts that promote a counter-narrati
apicture John Dayal
23 Feb 2026
As the world marks Social Justice Day, India's widening inequality, environmental decline, curbs on press freedom, precarious labour conditions, and marginalisation of vulnerable groups reveal a dange
apicture Cedric Prakash
23 Feb 2026
Anitha's AI-enabled home kitchen shows technology's double-edged sword: it creates income and autonomy for informal workers, yet algorithmic visibility, ratings, and the lack of contracts deepen preca
apicture Jose Vattakuzhy
23 Feb 2026
I have two hundred and six bones, Like any human being; Some are born with more. Three hundred at the beginning. Then fusion, growth, becoming, Numbers change, Caste doesn't.
apicture Dr Suryaraju Mattimalla
23 Feb 2026
If a society cannot protect its women, cannot honour its brave, and cannot respect its talented, then it is not merely losing law and order.
apicture Robert Clements
23 Feb 2026
Communal hatred, seeded by colonial divide-and-rule and revived by modern majoritarianism, is corroding India's syncretic culture. Yet acts of everyday courage remind us that constitutional values and
apicture Ram Puniyani
16 Feb 2026