Police move HC over fine for ‘farcical’ probe into riots case

‘DCP didn’t get chance to file submissions, penalty will affect reputation of officers’

July 27, 2021 12:40 am | Updated 12:40 am IST - New Delhi

Police conducting a flag march in Chand Bagh-Karawal Nagar, days after the violence broke out.

Police conducting a flag march in Chand Bagh-Karawal Nagar, days after the violence broke out.

Delhi Police has approached the High Court challenging a recent order passed by a local court that imposed a cost of ₹25,000 on it 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.

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

It had further called the police investigation “callous and farcical”. The court had directed the DCP (North-East) to deposit the amount with the Delhi Legal Services Authority. It also said the amount should be recovered from the Station House Officer of Bhajanpura police station 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 the imposition of such cost would “seriously affect” not only the career of the government officials involved but also would “certainly cause serious dent” to the reputation of the officers.

Remarks against probe

“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 plea stated.

The local court had concluded, “I have also applied my mind to the facts and circumstances of the case and also perused the case diaries, which reveal a very shocking state-of-affairs”.

The court had also queried how the police were unable to trace any eyewitness despite the MLC of Mr. Nasir clearly showing his address.

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