Plea Alleges Cops Took Away CCTV DVR To Destroy Evidence Of 'Illegal Action' Against Mosque Muezzin, High Court Asks Delhi Police To File Reply

The Delhi High Court has asked the police to respond to a petition seeking a fair and impartial probe into the alleged forced entry of cops and removal of a CCTV camera DVR from a private residence in Northeast Delhi.

"Ms Rupali Bandhopadhya, Learned Additional Standing Counsel requests for time for filing reply/status report. Be filed," said Justice Poonam A. Bamba in the order.

Advocate Wajeeh Shafiq, representing the petitioner Mohd. Yunus Khan, earlier submitted before the court that on August 07, the beat in-charge of old village Garhi in Mendu made a forced entry along with police staff from police station Usmanpur into Khan's house and took away the DVR connected to the CCTV camera installed there without giving any seizure memo. 

Submitting that a written complaint was made to the police, Khan alleged that proper investigation was not being carried out in the matter. "The petitioner does not expect fair enquiry into the matter by the officials of the same police station," his counsel told the court.

The petition argues that the complaint discloses commission of cognizable offences under Sections 201, 380 and 451 of the Indian Penal Code by the officials of Usmanpur police station.

Seeking reply from the police, the court listed the matter for hearing on March 09, 2023.

In the petition, Khan has said that the forced entry and removal of the DVR was recorded by daughter and in their mobile phones, which were snatched by the cops and were returned "only after deleting the data saved on the mobile instruments."

"The respondent no. 3, who is the Beat in charge of Old Village Garhi Mendu attached to the Police Station Usman Puri has done this to destroy the evidence of illegal police actions of removal of Board of the petitioner's neighbourhood mosque and threatening and thrashing the 75 years old Moazzin of the said mosque recorded by the CCTV camera installed at the house of the petitioner," the plea alleges.

According to the petition, the petitioner received an SMS from CCTNS that a Sub Inspector has been assigned as an enquiry officer in the matter. "Pertinently, not only appointing Enquiry Officer from the same Police Station is bad but the said Enquiry Officer also has not taken any steps on the petitioner's complaint," it adds.

The mosque and 22 houses in the vicinity were burnt by a mob during the Northeast Delhi riots, the petition states, adding that the CCTV camera was installed by Khan on the external walls of his house after the February 2020 violence.  

Title: MOHD. YUNUS KHAN vs THE COMMISSIONER OF POLICE & ORS.

Click Here To Read/Download Order