Delhi Riots: Court Raps Cop For ‘Double Standard’ In Investigation, Refers Matter To Commissioner Of Police

Pulling up an Investigating Officer of the Delhi Police for his “double standard” in investigating cases related to the 2020 North-East Delhi riots, a Delhi Court yesterday referred the matter to the Commissioner of Police Sanjay Arora and asked the department to “make an assessment of his conduct.”

Additional Sessions Judge Pulastya Pramachala criticized the IO for his failure to prepare a “calendar of evidence” in the case which involved six different incidents arising out of six different complaints which were clubbed together in one FIR.

“I do not find any justification for any investigating officer to adopt different parameters in respect of different complaints. This is the situation of investigating agency when more than six months were taken by them in the name of preparing calendar of evidence,” the court said.

It added, “The court had asked them to prepare calendar of evidence, so that at least in that process they could realise the evidence placed by them on the record in respect of incidents being prosecuted in this case and simultaneously, could also know absence of any vital evidence.”

FIR 98/2020 was registered at Dayalpur police station for the offences of rioting and unlawful assembly against former AAP councillor Tahir Hussain’s brother Shah Alam, Rashid Saifi, Mohd. Shadab, Habib, Irfan, Suhail, Salim, Irshad and Azhar.

All the accused persons are out on bail in the case. The complaints were clubbed for investigation on the pretext of proximity of place and time of the incidents.

Pulling up the police official, the judge said that the IO prepared the site plan of three places of incidents only and did not bother to prepare the same in respect of other place of incidents, even though he claimed that he had inspected all other places.

The court observed that despite being offered to submit justification for adopting two different procedures of investigation in respect of different complaints, the IO he did not offer any such justification.

“So prima facie, I find that neither investigation was done properly, nor exercise of preparing calendar of evidence was done with open mind, even to be aware of their own omissions,” the court said.

Furthermore, the judge observed though it is not the job of the concerned DCP to investigate each case, however, unfortunately, the court has to “burden him again” with the task of getting things done which were not done by the IO.

“It is also worth to mention here that one consolidated site plan was also filed by same IO and even in that so called consolidated site plan all places of incidents were not pointed out by him. Let the department make an assessment of such double standard adopted by IO,” the court ordered.

It added, “For the purpose of this case, the site plan showing all the places of incidents being prosecuted in the case, must be filed and same must be done by next date of hearing. For the purpose of assessment of the conduct of IO, the matter is referred to ld. Commissioner of Police and for the purpose of getting the undone job done, it is referred to ld. DCP (N/E).”

Case Title: State v. Shah Alam etc.

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