High Court Warns Delhi Police Of CBI Probe Over Alleged Detention Of Student Activists

The Delhi High Court today warned the Delhi Police of directing an investigation by the Central Bureau of Investigation (CBI) in cases alleging torture and illegal detention of various activists, including students, by officials of Special Cell last month.

A Division Bench comprising Justice Navin Chawla and Justice Ravinder Dudeja said that it might refer the probe to the CBI and that the Delhi Police should either tell Court that action is taken or it will take action.

“I think it is enough. We will not let it go. We might refer the investigation to the CBI now,” the Court remarked.

Perusing the status reports filed by the Delhi Police in a sealed cover regarding the CCTV cameras in the Special Cell office, the Court remarked that it will say that the allegations raised were serious and ask the CBI to investigate the matter.

“You are forcing us to do that….We will say we cannot trust you with the investigation,” the Court said, while adding that the conduct of the Delhi Police so far “does not inspire confidence.”

The Bench underscored that if the Police had “some material” to suspect the activists, then there is a legal procedure which has to be followed. It added that if such legal procedure was not followed, it will order the Police Commissioner to conduct an inquiry against the erring officials.

“The Constitution [of India] states the procedure prescribed by law, we want to see the procedure followed,” the Court said.

The Court was hearing a batch of habeas corpus petitions filed by the activists. Earlier, the Court had orally asked the Delhi Police to follow procedure prescribed in law during the investigation.

During the investigation today, Delhi Police counsel, Additional Standing Counsel (Criminal) Sanjeev Bhandari submitted that the allegations of torture and giving threats to the activists were false.

He said that the case is being taken seriously and that an inquiry, if required, will be done on a superior level.

The Court directed the Delhi Police to bring the entire case file on record which will be perused on the next date of hearing.

In its response, the Delhi Police has said that it is “actively investigating” the 13 activists for allegedly supporting maoist/ naxalite ideologies.

Title: Sagrika Rajora v. State & Other Connected Matters