"Police Failing In Supervisory Duties, Trying To Avoid Responsibility By Not Concluding Investigation": Court Again Raps Delhi Police In Riots Case

A Delhi Court has rapped up the Delhi Police for failing in their supervisory duties thereby avoiding to take any responsibility in a Delhi riots case by not concluding investigation despite repeated court orders, thereby causing a delay in the trial.

Chief Metropolitan Magistrate Arun Kumar reported the matter to the Commissioner of Police, Delhi in order to bring the conduct of the SHO and DCP concerned into his notice after observing thus:

"I deem it appropriate to report the matter to Commissioner of Police, Delhi so as to bring the conduct of the SHO PS Gokal Puri and DCP (NE) to his notice in as much as they are failing in their supervisory duties despite receipt of copy of last order of this court and are trying to avoid taking any responsibility in the matter by not concluding further investigation in the present matter despite repeated directions causing delay in trial despite the fact that all the four accused in the present case are in JC for over a period of almost one year."

The Court was dealing with a riots case (FIR 130/2020) which was registered under sec. 147 (Punishment for rioting), 148 (Rioting, armed with deadly weapon) and 149 (Every member of unlawful assembly guilty of offence commit­ted in prosecution of common object) of the IPC.

A reply was received from the DCP according to which the FSL results regarding the CCTV footage of the incident was already submitted to the Court by way of a supplementary chargesheet.

Perusing the record, the Court was of the view that after filing of second supplementary chargesheet in the case, adjournment was sought by the State for arguments on charge on the ground that another supplementary chargesheet has to be filed with CCTV footage and FSL report.

The Court was also dissatisfied by the fact that another adjournment was sought by the SPP for filing of supplementary report. 

During the course of hearing, adjournment was sought again by the SPP for the purpose of filing supplementary report along with CCTV footage seized in another FIR which was sent to FSL for results.

"In view of the aforesaid submissions of Ld. SPP, reply received from SHO PS Gokal Puri and DCP (NE) seems to be absolutely evasive as if they are not aware of the status of investigation/further proceedings in the present case in as much as the said replies of SHO and DCP (NE) are conspicuously silent about the intent of Police to file supplementary charge sheet alongwith CCTV footage and FSL report obtained in FIR No. 106/2020, PS Gokal Puri despite the fact that said replies are dated 03.09.2021," the Court observed.

Accordingly, the matter was adjourned to October 4 while directing Commisioner of Police to submit an action taken report within one week.

The same judge, on the same day, had also pulled up the Delhi Police for its lackadaisical attitude in investigating the cases pertaining to Delhi Riots, thereby precluding the Court from proceeding in the matter on merits. 

It also directed the Commissioner of Police to take appropriate action as per law so as to ensure proper and expeditious investigation or further investigation in riots cases.

Recently, a Sessions Court had pulled up the Delhi Police for the manner of investigating cases concerning the North East Delhi riots including half baked filing of chargesheets and non appearance of Investigating Officers before Court. 

Additional Sessions Judge Vinod Yadav also called for immediate remedial action and asked the DCP of North East District and other senior officials to take notice of the situation.

In another development, while discharging three accused in a riots case, the Court had also observed "When history will look back at the worst communal riots since partition in Delhi, it is the failure of investigating agency to conduct proper investigation by using latest scientific methods, will surely torment the sentinels of democracy."

Title: State v. Babu @ Sahil

Click Here To Read Order