HC slams Delhi Police for report on gang rape case

Updated - November 16, 2021 10:01 pm IST

Published - December 21, 2012 05:50 pm IST - New Delhi

Students and various women organisations stage a protest march from Rashtrapati Bhavan to India Gate against the gang rape of a 23-year-old student, in New Delhi. Photo: Sushil Kumar Pushpakar

Students and various women organisations stage a protest march from Rashtrapati Bhavan to India Gate against the gang rape of a 23-year-old student, in New Delhi. Photo: Sushil Kumar Pushpakar

The Delhi High Court on Friday slammed the police for being “evasive” in its probe status report in providing details of its officers on patrol duty in the area covered by the bus in which a young paramedical girl was gang raped for about 40 minutes.

“In the (earlier) order, the police commissioner was also directed to file a report giving details of the police officers patrolling in the area and the action taken in this aspect.

“On this aspect a report is filed... We have gone through the report and we are not convinced. None of the details of the police officers have been mentioned,” a bench headed by Chief Justice D Murugesan said.

The court expressed its unhappiness and said, “We make it clear such a report, giving all the details, be filed without any delay.”

The bench, also comprising Justice Rajiv Sahai Endlaw, made the observation after perusing the status report filed by Delhi Police through its DCP Chhaya Sharma in pursuance of the earlier order by which the court had taken suo moto cognizance of the incident.

The hearing commenced with the court posing a query as to why the report was “evasive” about the details of the police officers who were on patrolling duty during the time when the girl was sexually assaulted and beaten for about 40 minutes in a moving bus on Sunday night.

During the hearing, Justice Murugesan expressed his anguish and said, “It is an evasive report. You have not given any detail of police officers who were on duty. We will write in our order that a comprehensive report is not filed.”

Najmi Waziri, appearing for the city police, tried to pacify the bench saying “I agree that more details should have come before the court. Entire bureaucracy is seized of the matter and our primary focus is to investigate the case.”

He assured the bench that a more elaborate report will be filed later.

The court has now fixed the matter for further hearing on January 9.

The bench had on December 19 taken suo motu cognisance of the gang rape incident and had decided to monitor its probe by directing police to carry a “high standard” investigation and file the chargesheet only after the court’s perusal.

“Nobody is safe,” the court had said noting that such incidents repeatedly happen in the city.

It had asked the police how the bus, having tinted glasses, kept plying on busy roads for 40 minutes and the sexual assault remained undetected.

The court had directed the Police Commissioner Neeraj Kumar to file a status report within two days giving all details.

During today’s hearing, the court directed the Delhi Government to look into the lack of infrastructure and other facility at Central Forensice Science Laboratory (CFSL).

“We are informed that there is no director at the CFSL and there are two deputy directors in the CFSL who are not competent and leads to delay of one to two years in the investigation.

“Evidence is lost. They don’t accept any sample as there is shortage of chemicals also. If it is so, then please rectify it immediately,” the bench said.

The court, however, disallowed the plea of a woman lawyer that the 23-year-old girl be shifted to Apollo Hospital here.

“As far as this request is concerned, we have already noted in our previous order that the victim, if possible be shifted to a super speciality hospital for the best treatment,” it said.

The court allowed the submission of Waziri that the report be kept in sealed cover as it contains crucial and sensitive information relating to the ongoing probe in the case.

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