Tis Hazari Clash: Magistrate Asks Delhi Police To Submit Status Report Regarding The Investigation [Read Order]

The court also noted that while it cannot direct the arrest of the accused persons, it does have the power to scrutinise the reasons which paves the way for exercising the discretion of arrest/non-arrest by the investigative agency concerned.

The Legal Committee of Delhi Bar Association has moved two applications before the Tis Hazari Court seeking certain directions from the Magistrate in the matter pertaining to the clash with Delhi Police officers.

The Committee has sought following directions in the two applications:

1. seeking status reports on FIRs lodged against the suspected officers, and also their arrest
2. directions to preserve CCTV footage of relevant time and from relevant place

It is submitted by the Legal Committee that proper investigating is not taking place in the present matter. No witnesses, including the advocates who were present during the clash, have been examined, the weapons have not been seized, and the agency has not sought custodial interrogation of the accused persons.

On the other hand, the state counsel submitted that fair investigation is being carried out by the Crime Branch of the Delhi Police, CCTV footage is being considered as a crucial piece of evidence, and the agency is conducting the investigation expeditiously.

While passing the directions, the court relied upon the judgment of the Supreme Court in Sakiri Vasu v. State of UP where it was held that the Magistrate can monitor the investigation as per the powers given under section 156(3) of CrPC where according to the aggrieved person the investigation is not being carried out properly.

The directions have been issued by ACMM Jitendra Singh

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