Coming down heavily on Delhi Police for causing undue harassment to the accused by way of delay in moving an application regarding segregation of complaint in a riots case, a Delhi Court on Monday imposed a cost of Rs 25,000 and directed 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.
Chief Metropolitan Magistrate Arun Kumar Garg observed that despite repeated directions by this court to the DCP (North-East), Joint Commissioner of Police (Eastern Range) and Commissioner of Police, Delhi, seeking their personal intervention in the matters pertaining to the North East riots, no action had been taken by these officers.
The CMM court made the above observation on perusal of the status report filed by the IO, praying for permission and further time to investigate the matter and complaint of one Faizan Khan separately.
The SPP today submitted before the court that further investigation in the matter was necessary in terms of an order passed by the Additional Sessions Judge on September 10, 2021, highlighting that the investigation on complaint of Akil Ahmad pertaining to the incident could not have been clubbed with the present FIR.
The Court questioned the inconsistency in the submissions made on behalf of the IO as well as the SPP regarding segregation of investigation. The status report filed by the IO and forwarded by the SHO PS Bhajan Pura said that complaints received in the present case except the complaint of original complainant Faizan Khan were in respect of the same place of incident, whereas there was no mention of any specific date and time of incident at the shop of Faizan Khan and hence, the same was segregated. There was no mention in the report regarding the segregation of complaint of Akil Ahmad, noted the Bench.
The prosecution was still not sure about going further with the investigation and prosecution in the present case and the only purpose for seeking permission for further investigation was to derail the proceedings in the present case, observed the Court, after it was informed that no case diary was written in the matter after September 10, 2021 and that the supplementary charge sheet regarding the complaint of Faizan Khan shall be filed within a period of three days.
The Court, while permitting the request of IO for segregation of the complaint regarding Faizan Khan and time for further investigation in the present case, directed the Delhi Police to pay Rs 25,000 in equal proportion to all seven accused on the next date, which is November 20.
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.
Title: STATE VS NEERAJ @ KASHI AND ORS