Delhi Riots: Court Pulls Up Prosecutor For Showing Aggression And Throwing Files, Refers Matter To Commissioner Of Police

A Delhi Court on Wednesday pulled up a special public prosecutor representing the Delhi Police in a case relating to the 2020 North-East Delhi riots for “showing aggression and throwing files” in the court.

Additional Sessions Judge Pulastya Pramachala referred the matter to the Commissioner of Delhi Police Sanjay Arora to take stock of the situation, observing that “it is after all matter of representation of the prosecution.”

The court also referred the matter to the District & Sessions Judge (North-East) of Karkardooma Courts to intimate the judge about the said conduct of the SPP in the matter.

“Copy of this order alongwith copy of statement of PW-1 Lalit containing the observations of this court, be sent to ld. District & Sessions Judge (NE) as well as to ld. Commissioner of Police, for necessary steps to be taken, in order to avoid repetition of such scenario in the court,” the court said.

It added, “From the side of this court, a warning is being recorded for ld. SPP to desist from showing any kind of aggression before the court and he is warned to be much careful in maintaining decorum of the court.”

The development ensued in FIR 98 of 2020 registered at Bhajanpura police station alleging that a mob assaulted a head constable during the violence resulting in grievous injury.

In January, the judge had framed charges against accused Abdul Sattar, Mohd. Khalid, Hunain, Tanveer and Aarif for the offences of rioting and unlawful assembly. Apart from Tanveer, all other accused have been granted bail in the case.

Today, when the first prosecution witness was being examined in the court, the judge stopped the process as the “SPP came up with leading questions and probable answers” and was also given warning twice to desist from such practice.

“Before this court was about to make its observation, Id. SPP once again lost his cool and started shouting that court is adamant not to seek answer from the witness to his questions. He was told that he has been given full freedom to dictate his question in his own language and manner, but the court has to record its observation, as per opinion of the court, over which he can not have any say. He continued his aggression to say that this court is biased. I can not appreciate such conduct on the part of ld. SPP,” the judge observed in the order recording the witness statement.

The court observed that with such approach of the SPP, it shall not be an easy task to conduct further proceedings in the case. The judge also said that he did not find the conduct of the SPP to be very professional.

“In my opinion, any aggrieved party is always at liberty to take his legal remedies before higher forum, rather than showing any aggression and throwing files etc. in the court. Ld. SPP can not be an exception to the kind of professionalism required to be maintained before a court of law,” the court said.

SPP Rajeev Krishan Sharma appeared for Delhi Police.

Advocate Saiful Islam appeared for accused Abdul Sattar. Advocate Mohd. Dilshad appearef for accused Hunain. Advocate Abdul Gaffar appeared for accused Aarif. Advocate Shavana appeared for accused Tanveer.