Delhi Riots- Court Says Police Commissioner Shall Be Personally Liable To Cost For Delay In Compliance Of Judicial Orders By IO

A Delhi Court has cautioned the Deputy Commissioner of Police (North East Delhi) and Commissioner of Police that it will hold them personally responsible for imposition of cost in case the investigating officers seek adjournment for compliance of the orders passed by the Court in a riots case.

The development came while the Court was hearing a case wherein it had expressed concern over the casual approach in which the Investigating Officers conduct the cases entrusted to them.

Stating that the two were repeatedly directed to ensure that the files are inspected by the IOs in advance and also to ensure compliance of directions, Chief Metropolitan Magistrate Arun Kumar Garg ordered thus:

"…it is made clear to DCP NE as well as to the Commissioner of Police, Delhi that in case in future the IOs seek adjournment for compliance of the orders on the ground that they were not aware of the directions, DCP NE as well as Commissioner of Police, Delhi shall be held personally responsible for imposition of cost if any."

"Since they have been repeatedly directed to ensure that the files are inspected by the IOs in advance of the next date of hearing, so as to ensure compliance of directions if any in the previous order particularly if they were not present on any specific date due to any reason whatsoever."

During the previous course of hearing, the adjournment request was allowed by the judge subject to payment of Rs. 5,000 as cost, to be deposited by the Delhi Police in Prime Minister National Relief Fund. The Court had also directed the Delhi Commissioner of Police to conduct an inquiry and order deduction of the said cost from the salary of responsible officer.

Pursuant to this, the judge noted that while there was report received from Commissioner of Police Delhi, a request for extension of time for completion of enquiry was received from the DCP. 

"Let an explanation be called from Commissioner of Police Delhi under his signatures through Secretary(Home) Union of India as to why appropriate action as per law be not taken against him for non submission of the report in terms of previous order," the Court said. 

The Court however waived the cost imposed upon Delhi Police considering the fact that copy of e-challan was supplied to accused Komal Mishra in terms of the last order. 

"Although, no plausible explanation has been furnished by the IO for non compliance of directions of this court regarding supply of copy of e challan to accused Komal Mishra in view of observations made by this court in the order passed on the last date, in as much as IO had failed to appear on the dates when the matter was listed for scrutiny of documents, without any explanation, however, in the interest of justice, considering the fact that copy of e challan has already been supplied to accused Komal Mishra against proper acknowledgement after the last date and the main case is already pending before Ld. Sessions Court, the cost imposed on Delhi police on the last date is hereby waived," the Court added. 

Recently, the judge had also pulled up the Delhi Police for failure of its officers to take appropriate measures for prosecution of Delhi riots cases, thereby causing avoidable delay in committal or trials of the cases. The Court had directed the Commissioner of Police, Delhi to personally look into the issues pointed out by the Court and also to ensure that the prosecution of riots cases is done effectively.

The Court had also clarified that it shall be constrained to pass adverse orders against the State, as per law, including imposition of adjournment costs to be deducted from the salary of officers responsible.

Following this, Delhi Police Commissioner, Rakesh Asthana had constituted a 'Special Investigation Cell' for the purpose of expediting and streamlining the process of investigation into the North East Delhi Riots cases.

Case Title: State v. Komal Mishra & Ors.

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