Delhi Riots: Court Issues Show Cause Notice To IO, DCP Over Failure To Supply Photographs, CCTV Footage To Accused

A Delhi Court has issued show cause notice to the Investigating Officer and Deputy Commissioner of Police, North East over their failure to ensure supply of colored photographs as well as CCTV footages to all accused persons in cases concerning the Delhi riots.

Chief Metropolitan Magistrate Arun Kumar Garg sought explanation from the two as to why appropriate action as per law including under Section 60 r/w section 122 of Delhi Police Act be not taken against them for non compliance of directions of the Court.

Section 122 contemplates Penalty for making false statement, etc., and for misconduct of police officers.

"It is significant to note in this regard that after the order dated 22.09.2021 in the present case, in another case even the DCP NE had been directed to ensure supply of copy of coloured photographs and CCTV footage in all riots cases pending before this court to all the accused against proper acknowledgement in a time bound manner and at least in advance of the NDOH. However, not only the IO but the DCP NE, has also failed to ensure the compliance of aforesaid direction," the Court observed. 

The development came after the IO failed to place on record the acknowledgement regarding supply of copy of all the coloured photographs to one of the accused in a riots matter. 

"Moreover, it is made clear to IO as well as DCP NE that in case they wish to avail the opportunity of personal hearing on the said show cause notice, they should remain present on the next date of hearing failing which, appropriate order as per law shall be passed in the matter without giving any further opportunity of oral hearing to either of them," the Court added. 

However the Court, in the meantime, directed the IO to supply the coloured copy of all the photographs to the accused against proper acknowledgement on the same day itself. 

The judge had recently cautioned the Deputy Commissioner of Police 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 in a riots case. However, the order was yesterday set aside by Principal District & Sessions Judge, North East District of Karkardooma Court. 

In the impugned order, the judge had also, while expressing concern over the casual approach in which the Investigating Officers conduct the cases entrusted to them, allowed the adjournment request subject to payment of Rs. 5,000 as cost, to be deposited by the Delhi Police in Prime Minister National Relief Fund.

Case Title: STATE VS. RAJ KUMAR

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