Delhi HC Asks Police Commissioner To Institute Inquiry Against Police Officers For Brandishing Firearms In a Public Street [Read Order]

The Single Bench of Justice Vibhu Bakhru also noted that the court finds it difficult to accept that a police official should be walking in a street brandishing a weapon in the manner as is reflected in the photographs.

In the present case, a complaint was filed against certain policemen who were allegedly seen brandishing a firearm while walking in a public street.

A petition was then moved by the said policeman claiming that they've been falsely implicated in the present case. They annexed photographs to their application, which according to them, would suggest that they've been falsely implicated.

Further, they also argued that the persons caught in the camera are actually the Respondents themselves, who are trying to falsely implicate the Petitioners because the Petitioners had earlier complained against them.

The Petitioners also submitted that that there are audio recordings to substantiate their allegations that they are being falsely implicated and the same also establishes that their apprehension that may be liquidated, is justified.

Therefore, they had asked the court to pass an order asking for the preservation of CCTV footage.

Rahul Mehra, Standing Counsel (Criminal), informed the court that that if any official is found to be remiss, necessary action would be taken in accordance with law.

He also countered the allegations made against the two Respondents, who are also police officers, by pointing out that even though Respondent nos. 6 and 7 were not part of the patrolling team, they had joined operations on further enforcement being called.

Regarding the complaints raised by the Petitioners against the two Respondents, the court said that the same shall be addressed by a Competent Authority.

Further, if the Competent Authority finds that the aforesaid allegations may have any substance, a proper inquiry against respondent nos. 6 and 7 is required to be instituted.

The court also directed the Commissioner of Delhi Police to assign the matter for further inquiry to a senior official who is unconnected with the complaint/FIR against the petitioners. The petitioners shall be informed of the outcome of their complaint.

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