Delhi Riots- District & Sessions Judge Sets Aside Order Saying Police Commissioner Shall Be Personally Liable To Cost For Delay In Compliance Of Orders By IO

The Principal District & Sessions Judge, North East District of Karkardooma Court on Monday set aside an order by which a CMM Court had cautioned the Deputy Commissioner of Police  and Commissioner of Police that it will hold them personally responsible for imposition of cost in case the investigating officers seek adjournment for compliance of the orders passed in a riots case.

Principal District & Sessions Judge Ramesh Kumar was dealing with a revision petition challenging the order passed by Chief Metropolitan Magistrate Arun Kumar Garg dated September 25 wherein the Court, while expressing concern over the casual approach in which the Investigating Officers conduct the cases entrusted to them, allowed the adjournment request subject to payment of Rs. 5,000 as cost, to be deposited by the Delhi Police in Prime Minister National Relief Fund.

While the District and Sessions Judge last week stayed the operation of the order dated September 25, an application was moved on behalf of revisionist SHO Dayalpur Police Station arguing that despite the later order being stayed, the CMM Court had passed a subsequent order dated October 21.

In view of this, the Court ordered thus:

"Perusal of the revision file shows that this Court, vide order, dated 21.10.2021, had stayed the operation of the impugned order, dated 25.09.2021, and as such, the directions given by the ld. Trial Court in the later order, dated 21.10.2021, cannot be termed as non-compliance, which was apparently passed after stay was granted by this Court."

"Considering the facts and circumstances of the matter and given the fact that the operation of the impugned order, dated 25.09.2021, was stayed by this Court, vide order, dated 21.10.2021, the consequential directions emanating from the impugned order are not warranted."

Accordingly, the Court set aside the order dated October 21.

The Court will however continue hearing the arguments on November 2 concerning the proceedings by which the previous order dated September 25 was stayed.

Title: SHO PS Dayalpur v. Komal Mishra