'Lackadaisical Attitude' Of Delhi Police Leads Public Witnesses To Turn Hostile: High Court
The Delhi High Court has flagged the “lackadaisical attitude” of the police machinery over public witnesses frequently turning hostile to the prosecution case.
Justice Girish Kathpalia made the observation while dealing with a bail plea filed by an accused in a murder case.
The prosecution alleged that the accused, along with a co-accused, killed a person with whom she was allegedly having an extramarital affair.
It was further alleged that after the murder, the accused and her mother packed the deceased's body in a box and hired a cab to transport it to Nizamuddin Railway Station, from where the body was allegedly transported by train to Gujarat by the co accused.
Her counsel submitted that an earlier bail application had been withdrawn with liberty to approach the Court afresh after the testimony of the cab driver was recorded by the trial court.
The Court examined the portion of the cab driver's chief-examination placed on record. During his testimony, the cab driver had alleged that he was receiving regular threat calls from a particular mobile number.
It noted that when the State was asked whether the alleged phone number had been tracked, the concerned police officer expressed inability to explain the position.
The SHO/Inspector was also questioned, but he stated that no action had been taken since the cab driver had not lodged a formal police complaint.
On this, the Court said “This is not acceptable, to say the least”, noting that the cab driver's testimony had been recorded on April 16, 2024.
“Had the IO been diligently involved in the trial, on his own he should have inquired into this allegation and should have taken action. It is such lackadaisical attitude of the police machinery that public witnesses so frequently turn hostile to prosecution,” the Court said.
The Court directed that a copy of the order be sent to the concerned Deputy Commissioner of Police (DCP), directing an inquiry into the allegation made by the cab driver.
The DCP was further directed to register a case and investigate the matter, if considered appropriate.
The Court also directed that a status report, including on the said aspect, be filed which is to be personally signed by the concerned DCP.
The matter has been listed for further hearing now on November 19.
Title: MS. FAIZAL & ANR v. STATE (GNCT) OF DELHI & ANR