The Delhi High Court on Thursday issued a stern warning to the Delhi Police regarding the alleged illegal detention and torture of several activists, asserting that the gravity of an allegation does not exempt law enforcement from following the Constitutionally mandated legal procedure.
A division bench of Justices Navin Chawla and Ravinder Dudeja expressed dissatisfaction with a status report submitted by the police in a sealed cover. The court warned that if the agency fails to take appropriate action internally, the matter will be referred to the Central Bureau of Investigation (CBI) for an independent probe.
The court was hearing a cluster of petitions concerning the alleged “abduction” and illegal detention of 10 individuals—including six students, two labor rights activists, and two anti-displacement activists—between March 12 and 14.
The petitioners alleged that they were “picked up” from outside Dayal Singh College and Vijay Nagar and taken to an unmarked building in New Friends Colony. One petition, filed by the sister of activist Lakshita Rajoura, specifically alleged custodial torture and illegal detention.
During the hearing, the bench emphasized that even in cases involving serious charges, such as terrorism or Maoist links, the police cannot bypass the law.
“When someone makes an allegation against someone, you will just pick her up? We are not going to allow this. If you had some material to suspect them, you have a procedure prescribed in law… We are not concerned with how grave an allegation is, and we are concerned with procedure. The Constitution says procedure prescribed by law,” the court remarked.
Addressing the allegations of physical assault, the bench noted that torture is an unacceptable method of investigation.
“You may be investigating a terrorist angle but if you pick up someone, you have to follow the procedure,” the court stated, adding that “allegations of torture… could not be a means of interrogation.”
The Delhi Police, through its Special Cell, categorically denied the claims of illegal detention and torture, labeling them as “concocted and motivated” attempts to derail an ongoing investigation.
According to the police’s counter-affidavit, the activists were only called for “lawful questioning” in connection with an FIR registered in July 2025. The investigation reportedly pertains to the disappearance of a woman who was allegedly “brainwashed and indoctrinated” by individuals associated with Maoist ideologies.
The police further alleged that the activists are linked to outfits like the Bhagat Singh Chatra Ekta Manch (BSCEM), which they described as platforms for “anti-national” and “Naxalite” content. They maintained that the interrogation was conducted professionally in the presence of female staff.
A key point of contention during the proceedings was the preservation of CCTV footage. While the police confirmed that footage from the Special Cell office in New Friends Colony has been preserved, they stated that footage from specific locations in Vijay Nagar and Maurice Nagar was unavailable.
The police also argued that the petitioners failed to provide Medico-Legal Cases (MLC) or medical documents to substantiate their claims of physical assault.
Unpersuaded by the initial report, the High Court has directed the Delhi Police to produce the entire case file for its perusal. The matter is scheduled for further hearing on May 19.
