Farmers Protest- "Investigation Going On As Per Convenience, None Of The Leaders Asked To Join Investigation Till Date": Delhi Court Pulls Up Police

A Delhi Court on Monday pulled up the Delhi Police on its investigation into the case concerning farmers protest and observed that the investigation was done by the investigating authority as per it's convenience rather than following the mandate of law.

Additional Sessions Judge Gagandeep Singh was hearing the anticipatory bail plea filed by Gangster turned activist Lakha Sidhana, wanted by the Delhi Police in connection with an FIR filed alleging blocking of roads and destroying barricades pertaining to the Red fort violence.

Observing that the reply filed by the Investigating Officer with respect to the 35 farm leaders named in the FIR was an attempt to sidetrack the issue, the Court took note of the fact that none of the said farm leaders were asked to join investigation by the Police despite a lapse of 8 months.

The Court said:

"The reply filed today qua the leaders named in the FIR is an attempt to sidetrack the issue . It is appears that the investigation is going as per the convenience of the investigating authority rather as per the mandate of law."

"The common famers who were just following the calls of the farm leaders are being picked up and it appears that till date none of the leaders have been even asked to join the investigation," it added.

FIR 39 of 2021 was registered by the Crime Branch alleging that the protestors disregarded the requests and lawful directions of the Police on the Republic Day and had allegedly, with common intention of moving towards Outer Ring Road, obstructed the police officials in the discharge of their official duties.

Senior Advocate Ramesh Gupta appearing for Sidhana argued before the Court that the police had registered the FIR 12 hours after the incident by naming 35 farm leaders along with other instigators. However, he submitted that the Investigating Agency had till date not asked the leaders to join the investigation.

On the other hand, agreeing that the IO's reply did not address the issues raised by Court, the APP requested for few days time for filing a detailed reply with respect to the investigation after discussing with Senior Officials.

While adjourning the matter to August 26, the Court also extended the interim protection granted to Sidhana in the said FIR till then.

During the course of hearing, the IO played a video before the Court, which was claimed by the Police to be the best evidence against Sidhana. However, the Court was of the view that it was not up to mark.

"There is no audio and it cannot be seen what the applicant is saying to the other protestors," the Court observed.

In view of this, the Court ordered thus:

"Let the proper video of the said speech which is stated to be one day prior to the incident be filed. Detailed reply forwarded by the Senior Officer be also filed on or before the next date of hearing. Interim order to continue."

The aforesaid FIR has been registered under sec. 147, 148, 149, 152, 186, 188, 269, 353, 332, 307, 395, 397, 120B and 34 of the IPC along with sec. 3 of Prevention of Damage to Public Property Act.

Title: State v. Lakha Sidhana

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