Delhi HC Rejects Independent Probe into 2020 Riots
The Delhi High Court has dismissed petitions seeking an independent probe into the 2020 North-East Delhi riots, citing no evidence of compromised police investigation.
The Delhi High Court has dismissed a series of petitions seeking an independent investigation into the 2020 North-East Delhi riots. A division bench comprising Justice Vivek Chaudhary and Justice Manoj Jain ruled that there was no sufficient material to prove that the Delhi Police investigation was institutionally compromised, tainted, or lacked the credibility required to warrant a transfer to an independent agency.
The court emphasized that transferring an investigation is an extraordinary measure reserved for rare and exceptional circumstances. It noted that mere allegations of misconduct by certain police officers do not automatically mean the entire investigative machinery of the Delhi Police is incapable of conducting a fair trial.
No Basis for Transferring Investigation
The petitioners had sought several reliefs, including the formation of a Special Investigation Team (SIT), the transfer of the probe to an independent agency, and the registration of FIRs against political leaders for allegedly making inflammatory or hate speeches. However, the bench declined to direct the registration of these FIRs, pointing out significant flaws in the evidence provided.
The court observed that much of the material relied upon by the petitioners consisted of:
- Transcripts and video recordings
- Newspaper clippings
- Media reports
The bench highlighted that many of the speeches presented were merely excerpts or portions rather than full recordings. Consequently, the court could not establish the completeness, authenticity, or context of these statements. It further remarked that there appeared to be an "element of political selectivity" in how certain individuals and specific speeches were targeted by the petitioners, though it did not pass a formal finding on the petitioners' subjective motives.
Progress of the Criminal Justice Process
The court took into account the significant progress made in the criminal justice process over the six years since the riots occurred. The communal violence, which erupted in February 2020 following protests against the Citizenship Amendment Act and the proposed NRC, led to widespread arson, vandalism, and destruction of property across North-East Delhi.
As of February 19, 2026, the legal landscape of the riots included the following statistics:
- 757 criminal cases registered
- 65 cases transferred to the Crime Branch
- 369 charge-sheets filed
- 212 cases pending before criminal courts
- 249 cases still under investigation
- 22 convictions, 108 acquittals, and 16 discharges recorded by courts
The bench warned that ordering a wholesale transfer of the investigation at this advanced stage could severely unsettle ongoing trials and investigations that have already reached significant milestones.
Police Accountability and Individual Remedies
While dismissing the plea for a general inquiry into allegations of police inaction and complicity, the High Court clarified that this does not grant police personnel immunity. The court stated that if credible material emerges showing misconduct, dereliction of duty, or criminal offences, competent authorities are free to take action according to the law.
The court concluded that its extraordinary jurisdiction under Article 226 should not be used to disrupt an ongoing criminal process unless there is a compelling constitutional necessity.