Judge’s Transfer Again Delays Delhi Riots Case; 17,000-Page Chargesheet to be Refiled

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Muslim families allege deliberate delay and injustice, accusing authorities of shielding those truly responsible for the 2020 violence

NEW DELHI — The 2020 Delhi riots case has once again slowed down as a result of judicial reshuffling, sparking frustration among the families of Muslim victims and the accused. Delhi Police will now have to present the 17,000-page chargesheet afresh, after the case was transferred to a new judge. This has triggered criticism from several quarters, including legal experts and community leaders, who view the delay as part of a broader pattern of denying justice to Muslims.

In February 2020, North-East Delhi witnessed one of the deadliest communal riots in the recent past. The violence left 53 people dead, most of them Muslims, and injured over 700. Four years have passed, but the case continues to be dragged in the court.

On Monday, Additional Sessions Judge Lalit Kumar issued a direction asking both prosecution and defence lawyers to clarify how much time they would need to complete arguments on framing of charges. He said, “We must speed up the arguments and framing of charges. This cannot go on indefinitely.” The next hearing is scheduled for 6 June.

This comes after the recent transfer of Judge Sameer Bajpai, who was earlier hearing the case. ASJ Lalit Kumar has now taken over. Judge Bajpai himself had replaced Judge Amitabh Rawat, who had previously ordered daily hearings before being transferred in December 2023. This is the third time the case has been interrupted due to a judicial reshuffle.

The news of yet another delay has angered many in the Muslim community.

Mohammad Rizwan, whose brother was killed in the riots, said: “We have been waiting for over four years. Each time we hope for progress, they change the judge. It feels like they don’t want the truth to come out.”

Advocate Farah Naaz, who is representing one of the accused, said: ‘This constant change of judges is not normal. The state seems more interested in delaying the case than delivering justice. Meanwhile, innocent people are rotting in jail under harsh laws.”

Among those accused in the case are Tahir Hussain, Umar Khalid, Khalid Saifi, Ishrat Jahan, Gulfisha Fatima, Meeran Haider, and Sharjeel Imam—all of whom are Muslim and have been held under the stringent Unlawful Activities (Prevention) Act (UAPA) and Indian Penal Code (IPC). Many of them have spent years in jail without trial.

Shifa-ur-Rehman, one of the co-accused, has already spent more than three years behind bars. His family claims the state has failed to provide any real evidence. His wife, Sabiha, said: “Our children are growing up without their father. Every few months, we are told the court will finally decide. But now again, we are back to zero.”

Because the judge has changed, Delhi Police will have to present all evidence — including the 17,000-page chargesheet — once again in court. Special Public Prosecutors Amit Prasad and Madhukar Pandey, who had already completed arguments earlier, will also have to restart their submissions.

In court, Judge Lalit Kumar asked all lawyers to submit their schedules for completing arguments. “This is not an endless process. Both sides must cooperate,” he told the packed courtroom this week.

However, critics argue that such restarts are being used to intentionally delay justice. Human rights lawyer Faisal Khan said: “If the state was serious, it would not allow this kind of breakdown to happen again and again. People are losing faith in the judiciary.”

The Delhi Police’s chargesheet claims that the riots were a pre-planned conspiracy hatched during the anti-CAA protests. It accuses Muslim activists and students of plotting violence.

But lawyers and activists have rejected these claims, pointing to videos and witness testimonies showing Hindu mobs attacking Muslim neighbourhoods, mosques, and shops, often while police stood by or participated.

Kavita Krishnan, a senior activist, said: “It is shocking that despite so much evidence against the real rioters, most of whom are from the majority community, only Muslims were arrested. This is not just injustice, it is a conspiracy to silence dissenting voices.”

A 2021 report by Amnesty International had also criticised the Delhi Police for its biased investigation and lack of action against those who delivered hate speeches before the riots. The report noted that no proper action was taken against BJP leaders who openly called for violence.

For families affected by the violence, the legal battle is not just about courtroom technicalities, it’s about truth, dignity, and closure.

Asma Begum, who lost her son in the riots, said in tears: “They killed my son and burned our home. Now they are killing our hopes in court. If the judge keeps changing, how will we get justice?”

Legal experts believe the case may drag on for several more years if the current pace continues. Many worry that by the time the trial begins, most evidence may become weak and witnesses may no longer remember key details.

The 2020 Delhi riots case has now become a symbol of the growing frustration among Muslims about their place in the justice system. With each delay, hopes are crushed a little more.

The demand now is clear—stop the delays, stop the excuses, and start the trial. As Mohammad Arif, a social worker from Seelampur, put it: “Justice delayed is justice denied. But in our country, it feels like justice is being denied on purpose.”

The next hearing is set for 6 June, but for many, the real question remains—will justice ever come for Delhi’s Muslims?

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