Burning Of Copy Of Constitution: Court Censures Delhi Police For Failing To Complete Probe In 2018 SC/ST Act Case, Summons ACP

A Delhi Court on Saturday censured Delhi Police for failing to complete investigation in a case related to the alleged burning of a copy of constitution and raising of slogans against SC/ST community during a protest at Parliament Street in 2018.

"This court has repeatedly requested the investigating officer and senior officers to conclude the investigation which is pending since the year 2018 against the mandate of provisions of SC & ST (Prevention of Atrocities) Act to conclude the investigation within 60 days. It is really disheartening to note that despite specific observation made by this court with regard to the delay in conducting investigation, the investigating officer has fail(ed) to fall in line," said the court.

Additional Sessions Judge Devender Kumar Jangala further said that a copy of the previous order was also sent to Additional Commissioner/Joint Commissioner and Special Commissioner of Police with a view that bringing the matter into the knowledge of senior police officers may yielded some result.

"But it appears that senior police officers are also sleeping over the matter," added the court.

On August 10 in 2018, an FIR was registered under Section 153A/505/120B/34 IPC and Section 2 of the Prevention of Insults to National Honour Act, 1971 and Section 3 (u) of SC & ST (Prevention of Atrocities) Act. The police previously has told the court that FSL result, prosecution sanction in respect of 10 accused persons, certified copies of CDRs and reply from Facebook are yet to be received.

According to a report carried by The Hindu, the FIR was registered "in connection with burning of a copy of the Constitution and shouting of slogans against B.R. Ambedkar and the SC/ST community by protesters from Youth for Equality".

On Saturday, the police told the court that the enquiry has been entrusted to Additional DCP-I/South West District but due to paucity of time, it could not be completed.

The court in the order dated May 27 noted that on the last date of hearing, the Additional Commission/Joint Commissioner of Police was apprised that as per provisions of SC & ST (Prevention of Atrocities) Act, investigation is required to be completed within 60 days and even the supplementary charge sheet is required to be filed without any delay.

"However despite such specific observation made by this court and reminding the Additional Commissioner/Joint Commissioner of Police, even the status report with regard to completion of investigation is not filed before this court," the court said.

The court called it a "classic example" where the observation made by the Supreme Court in National Campaign on Dalit Human Rights Vs. Union of India is squarely applicable.

"The Hon'ble Supreme Court in case (supra) has observed that 'We have carefully examined the material on record, and we are of the opinion that there has been a failure on the part of the authorities concerned in complying with the provisions of the Act and the Rules. The laudable object with which the Act had been made is defeated by the indifferent attitude of the authorities'," the court noted.

Directing IO ACP Ajay Gupta to remain present in the court on the next date of hearing along with status of investigation, the court said Special Commissioner of Police(concerned Range) is directed to ensure speedy investigation of the case, keeping in view the mandate of provisions of SC & ST (Prevention of Atrocities) Act.

"Special Commissioner of Police(concerned Range) is directed to file the status report with regard to steps taken to ensure the speedy investigation in the present matter on or before next date i.e. 08.06.2023. The Special Commissioner of Police (concerned Range) is also directed to file the report in terms of above order under his own signatures."

The court also said that a copy of its present order as well as the previous order be also sent to Commissioner of Police, Delhi Police to bring into his knowledge the conduct of the police officials i.e. IO, DCP, Additional/Joint Commissioner of Police, New Delhi concerned.

"Be put up for report on 08.06.2023," it said.

Title: State Vs Deepak Gaur

Dharam Chand, Sub. Additional PP for the State.

Advocates Anuj Sharma & Ravi Baghel, the counsel for complainant Anil Tanwar.

Advocates Mehmood Pracha, Sanawar Chaudhary, Raja Ram and Harshit S. Gahlot, the counsel for complainant Harnam Singh.

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