"Let No One Repeat Tragic Last Words 'I Can't Breathe' Like George Floyd": Delhi High Court On Police Assault

The Delhi High Court recently made significant observations on incidents of police brutality, saying that the same is violative of citizens' rights and may often lead to untoward incidents.

Justice Najmi Waziri, hearing the case of two men assaulted by the officers of Delhi Police, also made a reference to the unfortunate case of African American man, George Floyd, who was killed last during arrest, as a result of asphyxiation which had been brought on by the act of Derek Chauvin, a white police officer, pressing his knee to Floyd's neck for almost nine minutes, despite Floyd repeatedly saying, "I can't breathe".

"The law does not permit people to be beaten-up in police custody or during interrogation. The assault by the police on the petitioner and his associate is questionable. One can never be too vigilant about the rights of citizens being violated or any callousness or over-reaction by law-enforcers which may lead to an unfortunate incident or tragedy. Let no one have to repeat the tragic last words like George Perry Floyd, Jr.: "I can‟t breathe" Justice Waziri observed.

The petitioners through Advocate Sufian Siddiqui had sought a fair, time-bound inquiry against the errant officers. They had alleged that the initial inquiry was conducted by the Inspector (Vigilance) and the matter was closed, as if nothing noteworthy or actionable happened.

It was their case that they were neither called for any inquiry nor were their injuries examined or considered. Therefore, calling the initial inquiry conducted by Inspector (Vigilance) a sham, the petitioners sought that an inquiry to be conducted by an officer of a higher rank.

The Court disposed of the pleas while directing that an inquiry be conducted by the Deputy Commissioner of Police (Vigilance) and added that the petitions shall be treated as representation to the police.

"The petitioner shall be heard, through counsel as well, within four weeks from receipt of this order. The decision/report/action-taken be communicated to the petitioner, within two weeks thereafter," the Court added.

Further observing that the assault of the Delhi Police was questionable, the Court added that the law does not permit people to be beaten up in police custody even during interrogation.

It was submitted on behalf of the Delhi Government that there was an immediately preceding occurrence which led to strict action being taken against the petitioners. To argue the same, reliance was placed on a video recording about a fracas outside the police station between private parties.

It was argued that the police had rushed to prevent a serious incident which could have lead to a law and order situation.

"To inspire confidence in an inquiry, fairness of the procedure adopted and examination of the substantive issues, must be apparent. This fundamental principle has not been observed in the so-called "inquiry report". Therefore, it is of no consequence," the Court observed.

The Court, after seeing the photographs and videos of the incident, was of the view that a fresh inquiry was warranted as ex facie it was seen that the two men were being "assaulted repeatedly by a posse of policemen who were in uniform and in civilian attire."

"The violent pushing, punching and elbow-strikes, start the moment they enter into the precincts of the police station. The two civilians were not violent when they are walked into the said precincts. They possibly could not because they were surrounded and held by policemen. No unruliness or assault is seen on any policeman by the petitioner or his well-wisher. For the physical assault and beating given to the private individuals, there appears no immediate provocation, perhaps it was because of some pique of the policemen," the Court added.

The alleged incident took place at the Turkman Gate Police Post at New Delhi, and the petitioner had stated that the entire incident would have been the recorded and stored in the two CCTV cameras installed at the Turkman Gate Police Post. It was submitted that the police had "illegally detained the petitioners and mercilessly beaten them."

Aggrieved by the police's malfeasance as well non-registration of FIR on the said incident, the petitioners therefore moved the Delhi High Court seeking an impartial preliminary inquiry and the placing on record of all CCTV footages pertaining to the incident.

Case Title: Md. Areeb Umar v. NCT of Delhi

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