In what will bring transparency in the working of the Delhi Police and the rights of all persons who are called for enquiries, the High Court has directed the police to strictly follow a fresh set of guidelines that mandates sending written notices to summon a person for questioning.
A Bench of Acting Chief Justice Gita Mittal and Justice C. Hari Shankar said the new regulations will go “a long way in ensuring transparency in the working of the police machinery and ensuring justice to suspect accused persons as well as those required to appear before the police”.
The new guidelines, titled ‘Procedure for Issuance of Notices/Order by Police Officers under Sections 41A [CrPC]’, state that a police officer is required to issue notices formally to the person being called for questioning during investigation of a case.
It also laid down provisions in which a suspect or accused on appearing before the police officer at the police station may request for an acknowledgement.
Disciplinary proceedings
Failure on the part of the police officer to comply with the mandate of the provisions of the Code of Criminal Procedure (CrPC) and the above guidelines could attract appropriate disciplinary proceedings as well as contempt of court proceedings, the Bench cautioned.
The High Court’s ruling came on a plea by a man who was facing proceedings before the Crime Against Women Cell here at the instance of his wife. He stated that he was regularly summoned to the police station to join investigations without a single written notice being served upon him.
He said several documents, in his defence, were tendered by him during the proceedings before the cell during the investigation. But no receipt was given to him.
Critical bearing
He contended that these documents having a critical bearing on his case were not made part of the record by the police.
Due to this, the petitioner said, he had no material or evidence to support his contention that he had regularly joined investigation and also that he had tendered several documents which manifested that he was innocent in the case.
The High Court, in its February verdict, said the guidelines shall be posted on the official website of the Delhi Police and effective publicity given to ensure that the public is apprised of the procedure which has to be followed.
It said necessary features of the guidelines shall be prominently displayed at all police stations in English and vernacular languages to enable every person who visits the police station of the procedure.
