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2020 Delhi riots: Court criticises Investigating Officer for 'casual approach'

sabal singh bhati by sabal singh bhati
May 14, 2023
Centre notifies elevation of 11 advocates, 2 judicial officers as judges to 3 HCs

New Delhi, May 14 () Delhi’s Karkardooma Court has reprimanded the Investigating Officer (sub-inspector) for exhibiting “casual and unprofessional” conduct in a case related to the riots that took place in the national capital’s north-east area in 2020.

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The court has referred the matter to Commissioner of Police, Sanjay Arora, for further evaluation of the investigation.

Additional Sessions Judge Pulastya Pramachala passed the order while hearing the case registered at Khajuri Khas police station for various offences including rioting, theft, robbery, and arson.

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The case encompasses 10 different complaints, and on May 1, the court requested clarification from the Deputy Commissioner of Police (northeast) regarding the specific time of each incident and any relevant evidence.

“Since SI Vipin is not working in the control of DCP (N/E) now and since his continuation of casual and unprofessional conduct is being witnessed by this court, I deem it fit to refer this matter to the Commissioner of Police, in order to make an appraisal of the investigation done by SI Vipin Kumar in this case as well as above mentioned conduct of misreporting the facts to his higher officer,” the court said in its order.

“This court is unable to frame any mind in respect of charges because of the incomplete investigation done so far. Time of any incident is the most essential part to be investigated and the next job is to find out relevant piece of evidence on the basis of given time of the incident. Since the time of incident was not investigated by SI Vipin, there cannot be any occasion to look into the evidence in respect of such incident and to find complicity of chargesheeted accused persons,” the order further read.

“Therefore, SHO and present IO are directed to take expeditious steps to ensure that further investigation is completed at the earliest possible time. During their further investigation, they must take care of questions already raised by this court,” the court directed.

During the proceedings, the judge noted that in the report submitted by SI Kumar to his superior officer, it was mentioned that Sameeja, one of the complainants, had claimed that a mob had set houses on fire on February 25, 2020, at around 11 a.m.

However, the chargesheet and witness’ statements did not mention the time of several incidents, despite 10 complaints being clubbed in the case.

The judge criticised this “casual approach” to the investigation and suggested that complaints of various complainants were being ignored.

The judge also accused SI Kumar of reporting wrong facts to the DCP and referred the matter to the Commissioner of Police.

The judge emphasised that investigating the time of the incident was crucial and necessary to frame charges. As a result of an incomplete investigation, the court could not proceed with the case.

The case will be taken up for further proceedings on July 20.

spr/pgh

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