The memory of Feb. 25, 2020, remains vivid in Mohammed Tahir Saifi’s mind, as if it occurred only yesterday. He often looks back on that day as the one that turned his life upside down because he had to spend two years in jail for a crime he he did not commit.

It was a day when a riot erupted in India’s capital, Delhi, resulting in the deaths of over 50 people, some 600 injured and widespread property damage. The turmoil unfolded in northeast Delhi, a particularly sensitive section of the city.

The violence was brought about chiefly by Hindu mobs attacking Muslims, part of a wave of Hindu nationalism that has engulfed the country in recent years, regarding a citizenship law.

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Despite not participating in the riot, 40-year-old Saifi found himself entangled in its aftermath. His presence was captured on the CCTV footage of the area, based on which the Delhi authorities filed charges of arson and rioting against him.

“When the riot erupted, I was working at my brother’s shop in Mustafabad, an area affected by the riot,” he recalled. “I heard a commotion on the main street, prompting me to move towards it. Upon reaching the main road, I witnessed people burning vehicles and pelting stones. Overwhelmed by fear, I quickly retreated and headed home. That was my only fault.”

Two months later, the police knocked on his doors for an informal inquiry. Saifi mentioned that at that time, he was unaware that the police would arrest him. Saifi spent two years behind bars before he was finally exonerated.

“In the two years of imprisonment, the major loss that my family incurred was the education of my kids,” he said. “In 2019, I enrolled my daughter and son in a good school for their education. However, all my savings were spent in my legal fight, leading to their education suffering.”

Saifi’s wife, Razia, stood by her husband during those turbulent times. She said those two years had been a challenge.

“Suddenly, all the responsibilities fell on my shoulders. I had to manage the legal case and also take care of my family. Those were depressing days, and I had to resort to sleeping pills just to get some rest,” she said.

Similar to Saifi’s ordeal is the story of another man who only gave his name as Irshad to protect his identity. He also had to spend 13 months behind bars until he was proven innocent in a Delhi court. Irshad, 21, said that he was arrested based on his mobile phone location. He said the reason for that was because the riot had taken place near his home.

Recalling that day, Irshad recounted that he was working in the Khajuri Khas area. When he learned about the riot from a friend, he hurried home to make sure his family was safe.

“I did not participate in any form of violence during the riots — yet I had to endure imprisonment for seemingly no reason,” he lamented.

He said the haunting memory of that experience continues to traumatize him, and his legal troubles have cost him financially.

"I have five siblings and parents. My father and I are the sole breadwinners for the family. This incident has created financial hardships for us,” he said. “We had to bear the initial costs of the legal fight. Furthermore, my ongoing struggle to secure a decent and stable job has only added to our woes.”

Shoddy police work 

Sitting in his cabin at the Karkardooma Court in Delhi, Salim Khan, a lawyer, has been handling over 100 cases related to the northeast Delhi riots.

“I am representing 105 First Information Reports (FIRs) associated with the riots,” Khan said. “In several FIRs, the police have named multiple accused and the same accused in different FIRs. This prevents the person from easily obtaining bail.”

Nearly 90% of Khan’s clients come from economically disadvantaged families.

“If you scrutinize their work profiles, you'll find that most of them are auto-rickshaw drivers, tenants, laborers and, most importantly, are illiterate. Their understanding of legal procedures is minimal, making it challenging for us to communicate effectively with them,” he added.

Khan said these individuals were financially incapable of meeting the prescribed bail amounts imposed by the court. As a result, they undertook crowd-funding initiatives within their respective communities to amass the needed funds and satisfy the bail conditions.

Speaking of the police investigation, he added that it may have been conducted under pressure. Initially, the police detained anyone whose face had been captured in the CCTV footage of riot-affected areas. Subsequently, he said, they were arrested on fabricated charges.

Citing an example from a murder case during the violence, Khan said rioters had attacked a building. In this house attack, a person named Dilbar Singh, who lived there, was killed. In that case, the police arrested 10 people.

Later on, these individuals were charged with additional minor offenses. They easily obtained bail for these smaller charges, but due to the larger murder case, they were held. They were eventually released following a higher court decision.

Police records show that among the 757 cases registered, 63 were transferred to the crime branch and the Delhi Police. Despite approximately 2,600 arrests related to the riots, determining the exact number of accused remains challenging due to multiple bookings.

Within the Northeast District, 694 cases remain under investigation, with charges filed in only 368 cases — just 53% percent of the total. These cases resulted in the arrest of 2,174 individuals — many of them Muslims — with 1,739 receiving bail and 108, including juveniles, currently in jail.

Over a four-year period, the northeast district police have dropped charges against 50 people, while 46 have been convicted. It’s also notably that all 183 individuals have bee acquitted at trial due to insufficient evidence.  

Khan said police have been reluctant to investigate the origins of the riots, which stemmed from the actions of an Indian lawmaker named Kapil Mishra, a member of the BJP. The party has been a major force behind Prime Minister Narendra Modi’s move towards Hindu nationalism and persecuting religious minorities, primarily Christians and Muslims.

“We all know that the riots began after the provocative speech of Kapil Mishra, a Bharatiya Janata Party leader,” he said. “However, no action has been taken in that case.”

Amit Pandey, an independent journalist based in India, covers a wide range of topics, including religion, politics and cybercrime.