"Painful To Note That Standard Of Investigation Is Very Poor In Large Number Of Riots Cases": Delhi Court Pulls Up Police, Calls For Remedial Action

A Delhi Court has 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.

The Court observed thus:

"It is further painful to note that in a large number of cases of riots, the standard of investigation is very poor. After filing of chargesheet in the Court, neither the IO nor the SHO nor the aforesaid supervising officers bother to see as to what other material is required to be collected from the appropriate authority in the matters and what steps are required to be taken to take the investigation to a logical end."

"It is noticed that after filing the half-baked chargesheets in Court, the police hardly bothers about taking the investigation to a logical end. The accused persons,who have been roped in multiple cases continue to languish in jails as a consequence thereof."

The observation came while the Court framed charges against Ashraf Ali and Parvez who were accused of being active members of the riotous mob which allegedly attacked the police personnel on duty and caused injuries to them by throwing acid upon them.

"It is high time that the DCP of North-East District and other higher officers concerned take notice of the aforesaid observations and take immediate remedial action required in the matters. They are free to seek the assistance of experts in this regard, failing which there is likelihood of injustice being caused to the persons involved in these cases," the Court said.

On the facts of the case, the Court pulled up the Police after observing that the IO did not bother to collect the sample of acid/corrosive substance and to have its chemical analysis. It also observed that the IO did not bother to collect the opinion about the nature of injuries upon the victims.

"The supervising officers have miserably failed to supervise the investigation, as contemplated under Delhi High Court Rules, especially Rule Nos.10, 13 and 14 of Part A, Chapter 11, Volume-III as also Rule 3 Volume III Chapter 12," the Court observed at the outset.

"It is really painful to note here that a large number of cases of riots have been pending consideration on charge before this Court and in majority of cases the IOs have not been appearing in Court, either physically or through video-conferencing at the time of consideration on charge," it said further.

The Court also observed that the IOs simply e-mail pdf of the chargesheet to Special Public Prosecutors in the riots cases and leave it upon them to argue the matter on charge, without giving an opportunity to go deep into the facts and the investigation conducted in the matter. 

The FIR was registered on February 27 last year after a written complaint was filed by a constable who alleged that a group of rioters attacked him and other staff members with glass bottles, acids and bricks thereby sustaining injuries.

The Court framed charges against them after prima facie there observing that there was enough material on record to frame charges against the accused persons under sec. 147, 148, 149, 188, 186, 326, 326A, 353, 332 and 34 of IPC.

"A copy this order be sent to the Commissioner of Delhi Police for his reference and directing taking of remedial steps, as contained in paragraph No.16 hereinabove," the Court directed.

Title: State v. Ashraf Ali & Anr.

Click Here To Read Order