"Complainant's Apprehension Regarding Harassment By Police Prima Facie Real": Delhi Court Seeks Status Report In Riots Case

A Delhi Court has observed that the apprehension of a complainant, who was affected by rioting at his residence during the North East Delhi Riots, regarding harassment by police officers seems prima facie real and not illusionary.

Additional Chief Metropolitan Magistrate Arun Kumar Garg has thus sought a comprehensive status report from the police for further investigation in the case.

The Judge has also directed the police to ensure that the Investigating Officer shall conduct the investigation in an "unbiased manner" so as to find out the real culprits and not to harass the complainant and the witnesses unnecessarily.

"I deem it appropriate to call for a comprehensive status report of investigation in the present case under the signatures of Joint Commissioner of Police, Eastern Range. Joint Commissioner of Police, Eastern Range is directed to file comprehensive status report of further investigation in the present case under his signature within a period of 2 weeks from today and shall ensure that investigation in the present case is carried out by the IO in an unbiased manner so as to find out the real culprits in the present case and not to harass the complainant and the witnesses unnecessarily," the Court said.

The Court also expressed its dissatisfaction on a report submitted by DCP North East which according to the Court was silent about the status of investigation being carried out by the IO.

"The investigation carried out in the present case is far from the satisfactory in as much as no steps seems to have been taken by the IO for collection of CDRs of some of the accused whereas the CDRs of the others have reportedly been collected by him. No plausible explanation has been given by the IO as well as the SHO for non collection of CDRs of all the accused," the Court added.

An application was moved by the complainant aggrieved by the actions of an IO who was repeatedly sending notices for such supply documents that were already supplied by the complainant on two previous occasions.

It was alleged by the complainant that the IO as well as SHO were forcing him to disclose the details of new landlord where he had taken shelter after riots, which may lead to him being thrown out from the house due to repeated visits by the Police.

"The court is unable to comprehend the purpose of recording of the said statement, when the aforesaid landlord is not a witness of the alleged incident," the Court said.

"Under the aforesaid circumstances, apprehension of complainant regarding the alleged harassment by the IO and SHO Khajuri Khas in the name of further investigation, prima facie seems to be real and not illusory," the Court added.

The matter will now be heard on November 8.

Case Title: Mohd. Salman v. Anil Byaji & Ors. 

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