Delhi High Court on Tuesday observed that “religious bigotry” lay behind a “hate crime” by unidentified Delhi policemen, referring to the death of a young man who was purportedly seen in video clips being tortured by cops during the 2020 riots.

The bench transferred the case to the CBI, saying the police probe did not inspire confidence, particularly as the force had failed to identify the suspects in four years.

“The case presents allegations of gross violations of human rights, as the unlawful action of the policemen, who are yet to be identified, were motivated and driven by religious bigotry and therefore would amount to a hate crime,” the single-judge bench of Justice Anup Jairam Bhambhani said.

“What is worse is that the suspects (cops) were entrusted to act as custodians of the law, and were in a position of power and authority, but seemed to have been driven by bigoted mindsets.”

Videos showed Faizan and four other young men lying injured on a road in northeast Delhi while policemen beat them with batons and kicked them, ordering them to sing the national anthem and taunting them with the word “azadi”.

Faizan’s mother Kismatun, 65, had petitioned the high court alleging her son was later brutally tortured in police custody before being released. He later died in hospital.

In her petition, the mother had sought a court-monitored special investigation team for an impartial probe.

The court said: “In this case, apart from the fact that the custodians of the law are themselves accused of having committed its breach, the perpetrators of the offence are themselves members of the agency that is investigating them. This situation does not inspire confidence.”

According to the petition, the crime branch investigation has been a sham, designed to shield the guilty policemen.

Delhi police had registered a case accusing “unknown people” of killing Faizan.

A close-shot video showed Faizan and the four other injured youths lying on the ground, one of them bleeding, trying to sing lines from the national anthem. A policeman was purportedly heard saying: “Achchhi tarah ga (Sing properly).”

Policemen were seen prodding and beating the youths with their batons, and abusing them.