'Stop Discrediting The Institution': Delhi High Court Refuses To Remove Cop Accused Of Slapping Woman During CJP Protest From Police Inquiry
The Delhi High Court on Tuesday dismissed a plea seeking transfer of a court-directed police inquiry from the supervision of Additional DCP (North-East) Sandeep Lamba, who rose to controversy after viral videos of him slapping a woman during recent protests at Jantar Mantar.
Justice Girish Kathpalia orally observed that if the officer had committed any wrong, he would face consequences in accordance with law. However, the Court could not, without a fair trial, assume that he was guilty and withdraw work from his supervision.
"You have to be fair. Stop discrediting the institution. Whatever that gentleman has done, he should face consequences. But that doesn't mean you take away from his supervision the entire work," the judge said orally.
When the petitioner's counsel argued that Lamba's alleged act of slapping a woman had given rise to a reasonable apprehension of bias in the mind of petitioner who herself was a victim of police excesses, the Court remarked,
"Entire Delhi Police today is in the dock? Then should they stop registering FIRs?"
At the outset, Additional Solicitor General appearing on advance notice, informed the Court on instructions that the inquiry had already been concluded, the petitioner's statement had been recorded, and the inquiry report had been forwarded by the Additional DCP to the competent authority for an appropriate decision.
Recording the submission, the Court held, "Considering the statements of learned ASG, the present petition is held infructuous. Dismissed."
Even after the order was dictated, the petitioner's counsel sought to press the plea, contending that subsequent developments involving the officer had created a reasonable apprehension of bias.
The Court, however, declined to entertain the request, observing, "Now just because this person happens to be caught on some video clip allegedly slapping a lady, we cannot tarnish him... Even assuming he is ultimately held guilty, can it be assumed that he will act unfairly in every case?"
Justice Kathpalia further observed that transferring the inquiry on such a ground would effectively amount to holding the officer guilty without trial.
"If I transfer the inquiry on this ground... am I not tarnishing him? Am I not holding him guilty without trial? You are precisely casting aspersions by saying a person is biased. He also has a right to a fair trial."
The petition sought a direction to the Commissioner of Police to withdraw the inquiry from Lamba's administrative control and entrust it to a Deputy Commissioner of Police posted outside North-East Delhi.
The petitioner contended that while the inquiry was pending, reports alleging that Lamba slapped a woman during the recent Chalo Jantar Mantar protest, coupled with the subsequent administrative action against him, had created a "reasonable apprehension of bias." She clarified that she was not seeking adjudication on those allegations but argued that the appearance of fairness was equally important in a court-directed inquiry.
The plea arose from an earlier petition alleging that the petitioner had been illegally detained at Police Station Jafrabad during the intervening night of March 24-25, 2025. Pursuant to directions issued by the High Court, a police inquiry was ordered. The petitioner later challenged the manner in which the inquiry was conducted, alleging that it initially concluded without recording her statement or examining material aspects of her complaint. After the High Court directed that her statement be recorded before conclusion of the inquiry, the present plea was filed seeking transfer of the inquiry from Lamba's supervision.
Case: ZARNIGAR FATIMA V/s THE COMMISSIONER OF POLICE, DELHI & ORS.