A Delhi Court on Monday pulled up the Delhi Police for its lackadaisical attitude in investigating the cases pertaining to Delhi Riots, thereby precluding the Court from proceeding in the matter on merits.
Chief Metropolitan Magistrate Arun Kumar Garg also directed the Commissioner of Police to take appropriate action as per law so as to ensure proper and expeditious investigation or further investigation in riots cases.
Earlier, the Court had vide order dated September 1, 2021 pulled up the Delhi Police for its conduct of filing supplementary chargesheets one after the other without ensuring the conclusion of the investigation in Riots cases due to which the Court was unable to proceed with the trial of the cases.
Accordingly, the Court had directed the Commissioner of Police to ensure the conclusion of investigation in such cases in a time bound manner not later than one month so that the Court can proceed with the trials expeditiously which was being lingered on due to inaction on the part of investigation agency since long.
"However, under the facts and circumstances of the case, coupled with the fact that the accused is languishing in Jail for over a period of almost one year and the Court is unable to proceed with the case on merits along with other riots cases due to lackadaisical attitude of the investigating agency including the supervising officers upto the rank of the DCP and above, I deem it appropriate to send a copy of this order to Commissioner of Police, Delhi with a direction to take appropriate action as per law so as to ensure proper and expeditious investigation/further investigation in the present case as well as the other riots cases within the time line given by this Court in its order dated 01.09.2021 passed in FIR no.138/2020, PS Bhajanpura," the Court ordered.
The Court was dealing with FIR 137/2020 P.S. Gokulpuri registered under sec. 147, 148 and 149 of the IPC. The case related to the complaint alleging that a house was looted and destroyed during the riots.
The Court was informed by the SPP that the State was relying on the CCTV footage which was seized and sent to the Forensic Science Laboratory in another FIR which shall be filed along with the supplementary report.
In view of this, the Court observed thus:
"Last and final opportunity is accordingly given to the State to do the needful in the matter for filing of supplementary chargesheet positively within a period of three weeks from today, failing which, the Court shall proceed further with the matter without giving any further opportunity to the State in this regard particularly in view of the fact that the accused is running in J/C for over a period of almost one year."
Recently, a Sessions Court had pulled up the Delhi Police for the manner of investigating cases concerning the North East Delhi riots including half baked filing of chargesheets and non appearance of Investigating Officers before Court.
Additional Sessions Judge Vinod Yadav also called for immediate remedial action and asked the DCP of North East District and other senior officials to take notice of the situation.
In another development, while discharging three accused in a riots case, the Court had also observed "When history will look back at the worst communal riots since partition in Delhi, it is the failure of investigating agency to conduct proper investigation by using latest scientific methods, will surely torment the sentinels of democracy."
Title: STATE V. DINESH YADAV @ MICHAEL