Rajasthan High Court Flags Lapses In Probe Against Cops Accused Of Assaulting Advocate, Asks Police Commissioner To Monitor
While flagging serious lapses in the investigation into allegations that a practicing advocate was assaulted and abused by police personnel, the Rajasthan High Court has directed the Commissioner of Police to personally monitor the probe and ensure that it remains fair, transparent and impartial.The bench of Justice Anil Kumar Upman was hearing a petition filed by the advocate, who alleged...
While flagging serious lapses in the investigation into allegations that a practicing advocate was assaulted and abused by police personnel, the Rajasthan High Court has directed the Commissioner of Police to personally monitor the probe and ensure that it remains fair, transparent and impartial.
The bench of Justice Anil Kumar Upman was hearing a petition filed by the advocate, who alleged that he was assaulted and abused by certain police personnel while returning after having dinner at a restaurant. The petitioner also alleged that the accused officers were under the influence of alcohol and contended that he could not expect a fair investigation.
The petitioner submitted that despite his written request, no medical examination was conducted to determine whether the accused police personnel were intoxicated at the time of the incident. He further argued that even several days after the FIR was lodged, the Investigating Officer had failed to examine any independent witnesses, although the incident could have been verified from the restaurant owner, staff and customers present there.
After perusing the case diary, the Court expressed its dissatisfaction with the investigation conducted so far, and observed,
“…this Court is, prima facie, not satisfied with the investigation conducted so far, for the reason that despite the petitioner's clear allegation and written demand, no medical examination was conducted to determine whether the accused police personnel were under the influence of alcohol at the time of the alleged incident, nor have the statements of any other impartial/independent persons been recorded till date.”
The Court further observed that even though CCTV cameras at the restaurant were seized during investigation, there was no reason for not recording statements of persons present at the place. It was opined that the IO was obligated to record statements of restaurant's owner, employees, and customers present at the time of alleged incident.
In this background, the Court directed the IO to furnish explanation regarding inaction towards conducting medical tests of accused persons and recording of statements of independent witnesses immediately after the incident.
The Court further directed the Commissioner of Police to personally monitor the investigation and to ensure that it was fair, transparent and impartial.
Title: Bhim Singh Meena v State of Rajasthan
Counsels for Petitioner: Mr. Suresh Sahani, Adv.; Mr. Sudhir Jain, Adv.
Counsels for Respondents: Ms. Arti Sharma, PP; Mr. Vinod Kumar Sharma, ACP, Malviya Nagar, Jaipur; Mr. Paras Jain, Addl. DCP, Jaipur East; Mr. Vikrant Sharma, SHO, PS Pratap Nagar, Jaipur