"Failure Of Police Officers To Take Appropriate Measures For Prosecution Of Delhi Riots Cases Causing Delay In Trials": Court Pulls Up Delhi Police

A Delhi Court has pulled up the Delhi Police for failure of its police officers to take appropriate measures for prosecution of Delhi riots cases thereby causing avoiding delay in committal or trials of the cases.

Chief Metropolitan Magistrate Arun Kumar Garg observed thus:

"Such lackadisical approach on the part of the prosecution as well as the Investigating Agency in riots cases has been repeatedly brought to the notice of not only the DCP North East and Joint CP Eastern Range but has also been brought to the notice of the Commissioner of Police, Delhi. However, no steps for proper prosecution of the cases seem to have been taken by either of them and if taken, have not yet been brought to the notice of this Court."

"The aforesaid failure on the part of said police officers to take appropriate measures for prosecution of riots cases is causing avoidable delay in committal/trial of riots cases."

The Court again 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 judge also added that if the same is not ensured, the Court shall be constrained to pass adverse orders as per law against the State including imposition of adjournment costs to be deducted from the salary of officers responsible.

"Commissioner of Police, Delhi is further directed to ensure the presence of DCP NE before this Court, if he wishes to avail the opportunity of personal hearing on the next date so as to apprise the Court about the difficulties if any faced by him in compliance of directions of this Court, failing which the Court shall be constrained to pass an appropriate order as per law without any further opportunity of hearing to him," the Court added.

The development came in FIR 148/2020 registered at Police Station Gokulpuri on the basis of written complaint of one Rizwan alleging that a riotous mob consisting of about 200-300 persons after breaking the locks of his house had vandalized the same and looted cash amounting to Rs.4,80,000.

Similar sort of complaints regarding vandalizing and setting on fire of shops/houses by the riotous mob in the same area were received from 24 other complainants, which were clubbed with the complaint of complainant Rizwan.

During the course of hearing on Friday, the IO had made a request of adjournment on the ground that he had not gone through the police file and was unable to answer court queries.

Taking note of the fact that SHO was unable to ensure presence of the concerned IO, the Court opined that he should have deputed a substitute officer duly brief by the IO to remain present before the Court.

"This Court is pained to note that the SHO Gokalpuri has not only failed to depute the substitute IO but also to ensure that the IO while appearing at 3.25 pm, should atleast have gone to the case file. He has also failed to ensure the presence of Ld. SPP except on the second call that too to seek a pass over," the Court said.

Accordingly, the matter was then posted for further hearing on October 1.

In a similar development, the Court had earlier rapped up the Delhi Police for failing in their supervisory duties thereby avoiding to take any responsibility in a Delhi riots case by not concluding investigation despite repeated court orders, thereby causing a delay in the trial.

Title: State v. Rohit

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