The Supreme Court on Tuesday expressed strong displeasure with the Uttar Pradesh government and its police department over a “non-compliant” affidavit filed in a 2021 Noida hate crime case. A bench comprising Justices Vikram Nath and Sandeep Mehta questioned the integrity of the investigation, asking the state why the investigating officer (IO) appeared to be playing “hide and seek” with the court regarding the addition of specific criminal charges.
The matter pertains to a petition filed by a senior citizen who alleged he was “abused, tortured, and systematically stripped of his dignity” by a group of individuals in Noida on July 4, 2021. The petitioner claimed he was targeted because of his beard and Muslim identity, with the attackers hurling derogatory religious slurs during the assault.
The primary point of contention on Tuesday was the police’s failure to invoke Section 153-B of the Indian Penal Code (IPC), which deals with imputations and assertions prejudicial to national integration. This omission comes despite the state government’s previous admission on February 16 that the allegations in the complaint warranted charges under both Section 153-B and Section 295-A (deliberate acts intended to outrage religious feelings).
“Why is your IO playing hide and seek with this court?” the bench asked Additional Solicitor General (ASG) K.M. Nataraj, representing the State of Uttar Pradesh. The court noted that while the state had earlier acknowledged that these sections should have been part of the FIR, the latest compliance affidavit indicated that Section 153-B had been dropped again.
Though the bench expressed an inclination to summon the investigating officer to court personally, it withheld the order following a request from the ASG. However, the court issued a stern warning regarding future conduct.
“Please advise your officers, otherwise they will be in trouble. We have no fun in calling them and giving them a dressing down,” the bench remarked.
ASG Nataraj assured the court that the trial court had already granted permission for further investigation and that the police would ensure the necessary legal provisions, including Section 153-B, are added to the case.
The petitioner approached the top court seeking a fair investigation and trial, alleging that local police in Gautam Buddh Nagar failed to follow the preventive and remedial measures for hate crimes previously mandated by the Supreme Court.
The victim detailed a “dastardly” incident where he was intercepted and assaulted by a group. He argued that the initial FIR failed to capture the gravity of the hate-motivated nature of the crime. Earlier, on February 3, the apex court had questioned the state’s failure to invoke appropriate IPC provisions from the outset.
The Supreme Court has granted the Uttar Pradesh government two weeks to ensure full compliance with its directions. The matter is scheduled for further hearing on May 19.
