Delhi riots: Investigating Officer playing hide and seek, says court

Delhi riots: Investigating Officer playing hide and seek, says court

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New Delhi: A Delhi court hearing a case of the 2020 northeast Delhi riots has deprecated the conduct of an investigating officer (IO), saying the police official was playing a game of hide and seek with the court and trying to mislead it.

Additional Sessions Judge Pulastya Pramachala, while hearing arguments on charges in a case registered by Dayalpur police station against three accused, noted in addition to the first information report (FIR) the case pertained to four complaints.

The judge said one of the complaints by Farooq Ahmad mentioned two separate alleged incidents on the intervening night of February 25 and 26, while the FIR was regarding a rioting incident around 9.50 am on February 25 in front of Victoria Public School on Main Wazirabad road.

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“Due to the clubbing of several incidents in one chargesheet, it had been a matter of deliberation by the court time and again, so as to have a clear-cut picture in order to decide within the parameters of law for what allegations the charges are to be decided,” the judge said in a recent order.

The judge noted the IO’s earlier statement before the court, according to which the alleged incidents pertaining to Ahmad’s complaint would be separately investigated, and a separate report regarding the same would be filed.

The judge said after the court directed him to file a status report in September last year, the IO did not submit the report, and when confronted again, the police official informed the court that no separate FIR was registered, and that “some investigation” was being conducted.

“I fail to understand, under which particular law and following which particular procedure of law, such investigation is going on, without resorting to Section 154 of the code of criminal procedure (CrPC)…,” the judge said.

Section 154 of the CrPC provides for registration of an FIR if the information discloses the commission of a cognizable offence.

The judge further said, “Moreover, from the conduct of IO, it is well apparent that till date he had been trying to play a game of hide and seek from this court and to mislead the court in respect of proposed actions.”

ASJ Pramachala said the complaint regarding the alleged rioting incident was still awaiting investigation by adopting the due process of law.

“I do not wish to speculate any final reason behind such inaction over the aforesaid complaint, because it shall be a matter of internal inquiry and assessment of investigating agency ie, Delhi Police,” the judge said.

“Hence, this matter requires serious attention from the higher officers, not only to take appropriate legal action on the pending complaint but also to make an assessment of the conduct of the IO so far,” the judge added.

Seeking certain clarifications from the prosecution, including why the alleged incident which occurred prior in time was clubbed with this case, the court posted the matter for further proceedings on May 22.

Directing a copy of the order be sent to the deputy commissioner of police (northeast) for “necessary action,” the court said a report was expected from the police officer regarding its observations.

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( With inputs from www.siasat.com )

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