Delhi Riots- High Court Extends Interim Relief Granted To Police For Depositing 25K Cost Imposed By Trial Court For 'Callous Investigation' To November 15

The Delhi High Court on Monday extended till November 15 the interim relief granted to Delhi Police for depositing Rs. 25,000 cost imposed on it by a trial court after calling the investigation as 'farcical' and 'most callous' in connection with a Delhi Riots case.

The development came after Justice Subramonium Prasad adjourned the hearing in view of the submission made by ASG SV Raju appearing for the Delhi Police that the respondent Nasir, complainant in the riots matter, had not filed an affidavit in the plea. He also requested the Court to extend the interim relief granted to the Police in depositing the cost.

"The reply of the respondent is not on record. The same will be filed within a weeks time. Interim orders to continue," said Justice Prasad while adjourning the matter to November 15.

The Court had in July sought response of Nasir on Delhi Police's plea challenging Trial Court's order imposing a cost of Rs. 25,000 in the case. It had also clarified that the cost imposed by the learned trial court of Rs. 25,000 on Delhi Police may not be deposited till the next date of hearing.

The trial court was dealing with a revision petition filed by SHO, PS Bhajanpura challenging an order directing them to register a seperate FIR of one Mohd. Nasir who had recieved injuries in the North East Delhi riots.

Pulling up the Delhi Police for its conduct, Additional Sessions Judge Vinod Yadav had observed that the SHO Bhajanpura and other supervising officers have miserably failed in performing their statutory duties.

In its appeal against the said order, the Police had stated that the Sessions Judge as well as the Metropolitan Magistrate had failed to take into consideration sec. 210 of CrPC which mandates the Court below to proceed with the complaint case relating to the same offence once it is brought to the knowledge of the court that such an investigation is in progress.

"Because the Ld. Court while dismissing the revision upheld the order of Ld. MM which was passed was contrary to the Law & facts, infact registration of FIR would further increase the burden on the judicial system which already overburdened," The plea read.

It had also been averred that the the Additional Sessions Judge had imposed a cost without giving any opportunity to the DCP for making his submissions which is against the principles of natural justice.

"Because the Ld. Court below has completely failed to take into consideration that the respondent/Complainant is a victim and his statement has already been recorded during the course of investigation and on some aspect supplementary investigation is in progress and there is no occasion of separate FIR as the offence is relating to the same offence," The plea stated.

The plea also stated that the ASJ has failed to appreciate that imposition of such cost was "not only unwarranted but uncalled for" for the reason that the court did not find the petition as vexatious and that hand imposition of such cost would "seriously affect not only the career of the Govt. Officials but would certainly cause serious dent to the reputation of the officers."

Furthermore, it was stated thus:

"Because the Ld. 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 noo finding should be given in the midst of trial. But in the present case, such adverse remarks which are bound to effect the fate of the case, whose trial is still to commence and that too without calling report or explanation from the concerned IO."

A criminal revision petition was filed by SHO Bhajanpura challenging the order passed by Metropolitan Magistrate directing it to register a seperate FIR on Nasir's complaint within 24 hours of the order.

It was the case of Nasir that during the riots, he had suffered gunshot injury in his left eye after one Naresh Tyagi opened fire upon him. He was taken to the GTB hospital thereafter wherein he was operated and discharged later on 20th March, 2020.

A written complaint was made to SHO Bhajanpura on 19 March last year wherein he had specifically named Naresh Tyagi, Subhash Tyagi, Uttam Tyagi, Sushil, Naresh Gaur and others as the assailants; however, no FIR was registered by the police.

Being aggrieved by this, he had approached the MM Court by way of petition filed under Section 156 (3) Cr.P.C on 17.07.2020.

In the meantime, an FIR was registered by the Delhi Police on the statement of ASI Ashok with regards to incident of rioting in Nasir's locality stating that besides Nasir, six more persons had suffered gunshot injuries on the said date and time.

"I do not find any merit in this revision petition. The same accordingly stands dismissed with a cost of Rs.25,000/- (Rupees Twenty Five Thousand Only) which shall be deposited with Delhi Legal Services Authority by DCP (North-East) within one week from today and the said amount shall be recovered from the petitioner and his supervising officers, who have miserably failed in their statutory duties in this case after holding a due inquiry in this regard. The interim order passed by this Court on 29.10.2020 stands recalled forthwith," The Trial Court had ordered.

Title: STATE (NCT OF DELHI) THROUGH SHO, PS BHAJANPUR v. MOHAMMAD NASIR & ORS