Umar Khalid questions his arrest 

Umar Khalid was arrested in a case related to the Delhi riots in Khajuri Khas area on October 1, 2020. In fact, he was in judicial custody in another case related to larger conspiracy attributed to the communal violence of February. It is pertinent to mention that 53 people were found dead and 200 people are reported to be injured after anti CAA protests turned violent on February 24 this year.

Umar Khalid questioned the reason for his arrest and filed a petition in Court. Advocate Sanya Kumar appeared for Khalid. 

Copy of a Delhi riots FIR registered at Khajuri Khas be supplied to Umar Khalid 

The Court heard the matter and Purshotam Pathak, Chief Metropolitan Magistrate, North-East, Delhi passed an order directing that a copy of a Delhi riots FIR registered at Khajuri Khas be supplied to Umar Khalid.  

The Prosecution stated that Khalid had anyway been informed about the grounds of his arrest. It went on to add that supplying documents at this stage would open the Pandora box. Interestingly, there was no provision in the Code of Criminal Procedure that mandated the supply of the documents before cognizance. 

The Court rejected this contention of the prosecution and said,  

Section 50 of the CrPC provided that every police officer with authority to arrest someone without a warrant must inform the person getting arrested about the crime for which he is arrested and other relevant grounds for the arrest. 

“It is settled proposition of law that no person shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest. The provisions of Section 50 of the Code are mandatory. The police officer must inform the arrested person of all his rights after detainment and this is the duty of the police officers which he can not refuse. 

“Arrested person is entitled to full particulars of the offences for which he is arrested or other grounds for such arrest and his detention will be illegal if he has not communicated the particulars of the offence,” the court said in its order passed on October 20. 

Documents to be supplied to Khalid 

The Court further noted that there were judgments of various High Courts which required the police officials to supply the copy of FIR to the accused before filing of charge sheet or immediately after registration of FIR. 

The Court thus stated,  

Considering these facts and circumstances and settled position of law, it is expedient and in the interest of justice that a copy of FIR No. 101/2020, PS Khajuri Khas, copy of the remand application dated 01.10.2020, remand order dated 01.10.2020 granting police custody, medical reports of the medical conducted during the police custody and a copy of reply of IO relied upon in the order dated 03.10.2020 should be granted to accused. Application is accordingly allowed. The Reader of the court of the undersigned is directed to send the copy (annexed with the reply of IO) of all the above said documents to the email id of Cl. for the applicant.