Delhi riots: Court sets aside order asking police chief to explain reason for not submitting report
The judge noted that the order of the magistrate’s court directing the police chief to file an investigation report had been stayed on October 21.
A sessions court in Delhi on Monday set aside a chief metropolitan magistrate’s order that sought an explanation from the police commissioner for not submitting a report related to the February 2020 violence, Live Law reported.
On October 21, the magistrate had asked the Delhi Police Commissioner to explain why action should not be taken against him for not submitting an investigation report in compliance with an order passed on September 25.
Principal District and Sessions Judge Ramesh Kumar on Monday set aside the order passed on October 21.
Kumar noted that on October 21, the chief metropolitan magistrate passed the order seeking an explanation from the police chief even though the sessions court had stayed the direction.
The sessions court had passed the order earlier on October 21.
“Considering the facts and circumstances of the matter and given the fact that the operation of the impugned order, dated 25.09.2021 was stayed by this Court vide order dated, 21.10.2021, the consequential directions emanating from the impugned order are not warranted,” the sessions court said on Monday.
On October 21, Chief Metropolitan Magistrate Arun Kumar Garg had cautioned the Delhi Police chief and the Deputy Commissioner of Police (North East Delhi) that the court will hold them personally responsible if investigating officers seek adjournments on the grounds that they were not aware of the court’s directions, according to Live Law.
Garg had on September 25 observed that special public prosecutors and investigating officers do not appear for hearings on the dates fixed, and when they are present after “prodding of senior officers”, it is without inspecting the files.
He allowed a request of adjournment subject to the payment of costs of Rs 5,000, which was to be deposited with the Prime Minister’s National Relief Fund.
Clashes had broken out between supporters of the Citizenship Amendment Act and those opposing it between February 23 and February 26, 2020, in North East Delhi. At least 53 people, mostly Muslims, were killed in the violence.
Courts in Delhi have pulled up the police several times for the flaws in their investigation of cases related to the riots.
On October 12, a Delhi court has fined the city police Rs 25,000 and held that its delay in filing an application about a case pertaining to the February 2020 violence caused undue harassment to the accused persons.
In July, a sessions court had imposed a fine of Rs 25,000 on the police after criticising its “callous and farcical” investigation in a case related to the violence. This was after the police had not registered a first information report on a complaint by one Mohammad Nasir despite a previous court order.