Delhi court asks Commissioner of Police to ensure IOs attend hearing on arguments on charge
Mar 18, 2023
New Delhi [India], March 18 : A Delhi Court while hearing riots cases, on Saturday asked the Commissioner of Police (CP) to pass a direction to the actual IOs of cases, to attend the court at the stage of consideration on charge mandatorily.
In this case, the court is hearing arguments on charges against 47 accused.
The court referred the matter while hearing arguments on the charge and the actual IO did not turn up and depute his junior to attend the court. He also did not attend court.
Additional Sessions Judge (ASJ) Pulastya Pramachala pulled up the Delhi police.
"It will be a wastage of time to pass such directions in each case for each IO, on the respective date fixed for consideration on charge," ASJ Pramachala said.
"Therefore, the matter is referred to the learned Commissioner of Police to pass necessary directions in this regard for all the actual IOs of such cases, to attend the court at the stage of consideration on charge mandatorily," the judge said.
"Copy of the order be sent to the Commissioner of Police," the court directed.
The court noted in the order that during the course of arguments, reference was made to certain photographs, which are made part of the supplementary chargesheet.
"On the record, these photographs could not be located, if filed separately," the court said.
Special Public Prosecutor (SPP) Madhukar Pandey sought time to get clarification in this respect and revert.
The court also noted Inspector Shiv Charan (Investigation Officer) has sent a request on the grounds that he remained on night duty.
"It is also mentioned in his request that SI Rajeev from PS Dayalpur has been instructed to attend the case, but no one has attended the case from PS Dayalpur," the court pointed out.
"As far as assistance to the court is concerned, the same cannot be effectively given by SI Rajeev, because he did not make any investigation in this case as such," the court said.
The Judge observed, "The assistance can be given by only those IOs, who had done some sort of investigation at one or other point in time."
"Therefore, especially at the stage of consideration on the point of charge, the actual IOs should attend the case in order to assist the court and to answer the questions like the aforesaid one," the judge added.
The court has listed the matter for a hearing on charge on April 29.
