‘Why is IO playing hide and seek?’: SC pulls up UP in Noida hate crime case

The Supreme Court on 21 April expressed displeasure over the Uttar Pradesh government’s handling of a 2021 alleged hate crime case in Noida, questioning why key penal provisions were not invoked and asking why the investigating officer was “playing hide and seek” with the court.

A bench of Justices Vikram Nath and Sandeep Mehta raised concerns over the compliance affidavit filed by the police and sought clarification from Additional Solicitor General K.M. Nataraj, appearing for the state.

The court specifically questioned why Section 153-B of the IPC (Indian Penal Code), which deals with imputations prejudicial to national integration, had not been added in the case.

Court flags gaps in investigation

The bench noted that earlier submissions before the court had indicated that offences under Sections 153-B and 295-A of the IPC were made out based on the complaint, and that the FIR should have included these provisions.

Section 295-A pertains to deliberate and malicious acts intended to outrage religious feelings.

During the hearing, counsel for the petitioner said Section 153-B had again not been invoked despite earlier directions.

“Why is your IO (investigating officer) playing hide and seek with this court?” the bench asked.

Nataraj informed the court that the trial court had permitted further investigation and assured that necessary provisions would be added.

Warning to officials, timeline set

The Supreme Court said it was not satisfied with the compliance affidavit and indicated that it was inclined to summon the investigating officer.

However, on the law officer’s request, the bench granted two weeks for full compliance and posted the matter for further hearing on 19 May.

“Please advise your officers otherwise they will be in trouble,” the bench said, cautioning that officials could face consequences for non-compliance.

Background of case

The court was hearing a plea seeking a fair investigation and trial in a complaint filed by a senior citizen who alleged that he was abused and tortured in a hate crime incident in Noida in July 2021.

The petitioner claimed he was attacked and subjected to derogatory remarks linked to his religious identity.

According to the plea, the incident involved abuse and assault, with the victim alleging he was targeted because of his beard and perceived Muslim identity.

The petition has also sought departmental or punitive action against certain police officials in Gautam Buddh Nagar district for alleged failure to follow preventive and remedial measures laid down by the Supreme Court in earlier rulings.

On earlier dates, including 3 February and 16 February, the apex court had questioned the state on why appropriate IPC provisions were not invoked in the FIR.

The Uttar Pradesh government had submitted that the FIR should have included relevant sections and indicated that further investigation would be pursued.

The case now remains under scrutiny as the court seeks compliance with its directions and proper application of legal provisions.