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Delhi violence: Court imposes 25,000 costs on Police for causing “undue harassment” to accused

The court observed that the delay in moving an application regarding segregation of complaint caused undue harassment to the accused who are in jail

Sabrangindia 18 Oct 2021

Delhi PoliceImage Courtesy:timesofindia.indiatimes.com

The Chief Metropolitan Magistrate (CMM) in Delhi has imposed a cost of Rs. 25,000 on the Delhi Police to be paid to the accused persons in the north east Delhi violence case. CMM, Arun Kumar Garg observed that there was a delay in moving an application regarding segregation of complaint that caused “undue harassment” to the accused persons, two of whom are in judicial custody.

The Magistrate pulled up the police and ruled that repeated directions in the communal violence case have “fallen on deaf ears” of the senior police officials. The court directed the Commissioner of Police to furnish a detailed report regarding steps taken by him to ensure proper investigation or prosecution of riots cases and their expeditious trial within a period of seven days.

“It is significant to note that the observations were made by Ld. ASJ in the present case way back on 10.09.2021, however, till date no steps have been taken by the IO to seek permission of the court for further investigation and for segregation of the complaint Faizan Khan or for that matter of complainant Akil Ahmad. Repeated directions have already been issued by this court not only yo DCP (NE), Joint Commissioner of Police, (Eastern Range) and Commissioner of Police, Delhi seeking personal intervention in the matters pertaining to the North East riots, however it appears that all the aforesaid directions have fallen on deaf ears…”, said the court.

The court perused the status report filed by the investigating officer wherein a prayer was made for granting permission and further time for investigation of the matter, and also to investigate the complaint of one Faizan Khan separately.

The Special Public Prosecutor, for the Police, submitted that further investigation in the matter was necessary in terms of an order passed by the Additional Sessions Judge dated September 10, 2021, wherein it was highlighted that the investigation qua complaint of the complainant namely Akil Ahmad pertaining to the incident could not have been clubbed with the present FIR.

CMM Garg also noted that no case diary was written in the matter after September 10, and that the supplementary charge sheet qua the complaint of Faizan Khan will be filed within a period of 3 days. To this, he said, “In view of inconsistency in the submissions made on behalf of IO as well as Ld. SPP regarding segregation of investigation qua the complaint of Akil Ahmad on the one hand and of the complainant Faizan Khan on the other, it is apparent that the prosecution is still not sure as to how it should go about further investigation/prosecution in the present case and in the only purpose for seeking permission for further investigation is to derail the further proceedings in the present case.”

Accordingly, a fine of Rs. 25,000 was imposed to be paid by the State to all 7 accused persons. Further, the court directed the Secretary (Home) Union of India to order an inquiry to fix the responsibility for imposition of the cost and deduction of the same from the salary of the responsible officer.

The order may be read here: 

Related:

Delhi Violence: Court drops arson charges against 10
Delhi Violence: Courts call Delhi Police’s investigation ‘callous, inefficient, indolent and lackadaisical’
Delhi Violence: Court frames charges against 5 men for shooting a Muslim man dead, setting body on fire
Chargesheet against me looks like a film script: Umar Khalid to court

Delhi violence: Court imposes 25,000 costs on Police for causing “undue harassment” to accused

The court observed that the delay in moving an application regarding segregation of complaint caused undue harassment to the accused who are in jail

Delhi PoliceImage Courtesy:timesofindia.indiatimes.com

The Chief Metropolitan Magistrate (CMM) in Delhi has imposed a cost of Rs. 25,000 on the Delhi Police to be paid to the accused persons in the north east Delhi violence case. CMM, Arun Kumar Garg observed that there was a delay in moving an application regarding segregation of complaint that caused “undue harassment” to the accused persons, two of whom are in judicial custody.

The Magistrate pulled up the police and ruled that repeated directions in the communal violence case have “fallen on deaf ears” of the senior police officials. The court directed the Commissioner of Police to furnish a detailed report regarding steps taken by him to ensure proper investigation or prosecution of riots cases and their expeditious trial within a period of seven days.

“It is significant to note that the observations were made by Ld. ASJ in the present case way back on 10.09.2021, however, till date no steps have been taken by the IO to seek permission of the court for further investigation and for segregation of the complaint Faizan Khan or for that matter of complainant Akil Ahmad. Repeated directions have already been issued by this court not only yo DCP (NE), Joint Commissioner of Police, (Eastern Range) and Commissioner of Police, Delhi seeking personal intervention in the matters pertaining to the North East riots, however it appears that all the aforesaid directions have fallen on deaf ears…”, said the court.

The court perused the status report filed by the investigating officer wherein a prayer was made for granting permission and further time for investigation of the matter, and also to investigate the complaint of one Faizan Khan separately.

The Special Public Prosecutor, for the Police, submitted that further investigation in the matter was necessary in terms of an order passed by the Additional Sessions Judge dated September 10, 2021, wherein it was highlighted that the investigation qua complaint of the complainant namely Akil Ahmad pertaining to the incident could not have been clubbed with the present FIR.

CMM Garg also noted that no case diary was written in the matter after September 10, and that the supplementary charge sheet qua the complaint of Faizan Khan will be filed within a period of 3 days. To this, he said, “In view of inconsistency in the submissions made on behalf of IO as well as Ld. SPP regarding segregation of investigation qua the complaint of Akil Ahmad on the one hand and of the complainant Faizan Khan on the other, it is apparent that the prosecution is still not sure as to how it should go about further investigation/prosecution in the present case and in the only purpose for seeking permission for further investigation is to derail the further proceedings in the present case.”

Accordingly, a fine of Rs. 25,000 was imposed to be paid by the State to all 7 accused persons. Further, the court directed the Secretary (Home) Union of India to order an inquiry to fix the responsibility for imposition of the cost and deduction of the same from the salary of the responsible officer.

The order may be read here: 

Related:

Delhi Violence: Court drops arson charges against 10
Delhi Violence: Courts call Delhi Police’s investigation ‘callous, inefficient, indolent and lackadaisical’
Delhi Violence: Court frames charges against 5 men for shooting a Muslim man dead, setting body on fire
Chargesheet against me looks like a film script: Umar Khalid to court

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