2020 Delhi riots: Judge chides IO for befooling’ court, refers matter to commissioner

A Delhi court berated a police officer for not submitting a formal report about the proclamation issued against an absconding accused despite repeated directions and referred the matter to the city police commissioner Sanjay Arora.

The court, which was hearing a case related to the 2020 northeast Delhi riots, asked the police commissioner to take “sufficient steps” to sensitise the Investigating Officer (IO), who was “befooling the court” with the excuse that he has been transferred and wasting its time for several months.

Additional Sessions Judge Pulastya Pramachala was hearing a case registered by Khajuri Khas police station against Iqbal and 22 others.

He said the court had repeatedly directed the IO to place on record the formal report regarding the proclamation, affixation and pasting of the process under Section 82 of the Code of Criminal Procedure (proclamation for person absconding). The proclamation was issued against Mohammed Imran, an accused in the case, the judge noted in an order passed on Wednesday.

Noting the IO’s failure to comply with the directions, ASJ Pramachala said, “Matter is now referred to the Commissioner of Police to take sufficient steps to sensitise and make the IO understand to take any direction of the court in the right spirit of the letter and with serious intention to comply with the same, rather than befooling the court with the same plea (that he was transferred) and wasting time for months.”

The court noted the IO was making “excuses” for not finding and placing on record the report, which it has been seeking since April 6, on the ground of his transfer. The judge said he had reiterated the direction twice later on April 15 and May 18.

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“….because of non-compliance of direction, IO was freshly given such direction to ensure that such report was placed on the record by that evening (May 18) But he did not bother to find out this process (proclamation notice), to place the same on the record of this case as directed ,” the court said.

“At the same time, I have no other option, but to seek the help of the Deputy Commissioner of Police (northeast) to find out this process, if so executed by way of the announcement and pasting at the given address of the accused, and the formal report on the same by the concerned process server,” the court added.

The matter has been posted for further proceedings on August 29.

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