Delhi HC issues notice on police plea against cost for probe failure

A local court had imposed a cost of ₹25,000 for ‘miserably’ failing in its investigation into a case of a man, who received gunshot injuries in his left eye during the north-east Delhi riots last year.

Delhi High Court. File

The Delhi High Court on Wednesday issued notice on the city police’s plea challenging a recent order of a local court here imposing a cost of ₹25,000 for “miserably” failing in its investigation into a case of a man, who received gunshot injuries in his left eye during the north-east Delhi riots last year .

Justice Subromonim Prasad said there could not be a stay on the strictures made by the court against the Delhi police officers without hearing the case. He, however, said that the Delhi police need not deposit the ₹25,000 till the next date of hearing on September 13.

Additional Solicitor General S.V. Raju said the Delhi police’s grievance was mainly against the “cost and the strictures passed against the police officers”. He said the court had imposed the cost even before hearing the officers concerned.

Advocate Mehmood Pracha, representing the victim (complainant), asked for a short date saying, “The complainant in this case is being threatened...We are under tremendous pressure to withdraw all these cases”.

The court, in its July 13 order, censured the Delhi Police for resisting registration of FIR based on the complaint of the victim, Mohammad Nasir, a resident of North Ghonda in Delhi.

The court had directed the DCP (North-East) to deposit the cost money with Delhi Legal Services Authority. It also said the amount should be recovered from the Station House Officer, Police Station Bhajanpura, and his supervising officers, “who have miserably failed in their statutory duties in this case after holding a due inquiry in this regard”.

In its petition challenging the July 13 order, Delhi police said, the court “imposed cost to be deposited by the office of DCP North-East without giving any opportunity to the DCP to make his submissions, which is against the principle of natural justice”.

Delhi police also said that, “the imposition of such cost would seriously affect not only the career of the government officials but would certainly cause serious dent to the reputation of the officers”.

“The court has made very serious remarks against the investigation even prior to the commencement of the trial which is contrary to the basic law that no finding should be given in the midst of trial,” the Delhi police’s plea stated.

The court had concluded, “I have also applied my mind to the facts and circumstances of the case as also perused the case diaries in case FIR..., PS Bhajanpura, which reveals a very shocking state-of-affairs”.

The court had also queried how the police was unable to trace any eyewitness in the case despite the MLC (Medicolegal Cases) of Mr. Nasir clearly showing his address.