[Delhi Riots] "Adjournments Sought By SPPs, IOs In Very Casual Manner": Court Imposes 5K Cost As Salary Cut

While hearing a case concerning the Delhi Riots, a Court has expressed concern over the casual approach in which the Investigating Officers conduct the cases entrusted to them.

"It has been observed by this court that the Ld. SPPs and 1Os do not appear in the cases on the dates fixed and when they appear after prodding of senior officers by the court the senior police officers, they appear in the court without inspection of the file and seeks adjournment in a very casual manner for compliance of the directions passed by the court on the dates on which they had appeared," observed Additional Chief Metropolitan Magistrate Arun Kumar Garg.

The Judge noted that even though such conduct of the police as well as SPPs has already been brought to the notice of senior police officers including SHOs, ACPs, DCP(NE) and Commissioner of Police, Delhi, however, they have failed to ensure that such incidents do not take place any more.

The Court was dealing with FIR 85/2020 registered at Police Station DayalPur, wherein the IO was directed to supply copy of e-challan to accused namely Komal Mishra in compliance of the order dated 12th April 2021.

However, it was submitted by the IO that the e-challan was not supplied to the accused as he was not aware of the said order. A request of adjournment was accordingly made by the IO.

The request was allowed subject to payment of Rs. 5,000 as cost, to be deposited by the Delhi Police in Prime Minister National Relief Fund. The Court also directed the Delhi Commissioner of Police to conduct an inquiry and order deduction of the said cost from the salary of responsible officer.

Observing that the Special Public Prosecutors and IOs in riots cases seek adjournments in a very casual manner, ordered thus:

"Under the aforesaid circumstances, request for adjournment for compliance of order dt. 12.04.21 is hereby allowed subject to cost of Rs. 5,000/- to be deposited by Delhi Police in the Prime Minister National Relief Fund."

"This court is not oblivious of the fact that burden of this cost shall fall on public exchequer and hence I deem it appropriate to direct Commissioner of Police Delhi to conduct an inquiry and to order deduction of aforesaid cost from the salary of responsible officer under intimation to this court within four weeks."

Accordingly, the Court directed the IO to supply copy of e-challan to accused Komal Mishra within 2 days against proper acknowledgement.

Recently, the judge had pulled up the Delhi Police for failure of its officers to take appropriate measures for prosecution of Delhi riots cases, thereby causing avoidable delay in committal or trials of the cases. The Court had directed the Commissioner of Police, Delhi to personally look into the issues pointed out by the Court and also to ensure that the prosecution of riots cases is done effectively.

The Court had also clarified that it shall be constrained to pass adverse orders against the State, as per law, including imposition of adjournment costs to be deducted from the salary of officers responsible.

Following this, Delhi Police Commissioner, Rakesh Asthana had constituted a 'Special Investigation Cell' for the purpose of expediting and streamlining the process of investigation into the North East Delhi Riots cases.

Case Title: State v. Komal Mishra & Ors.

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