Delhi court orders FIR against police personnel for allegedly assaulting street dog, says inquiry appears "not fair"

New Delhi [India], February 16 : A Delhi Court has directed the Delhi police to register an FIR against its own official for allegedly assaulting a street dog with a lathi.
The court said that the inquiry done in the matter appears unfair. This matter pertains to the area of Jafrabad. The video of the incident has gone viral on social media.
Metropolitan Magistrate Bharat Aggarwal directed the SHO Jafrabad to register an FIR against ASI Ravinder Kumar. The SHO has also been directed to file a compliance report on February 20.
While giving direction the court said, "The role of the police is limited to execution of the law and not to interpret it in a suitable manner. The procedure of conducting "inquiries" and handing over clean-chits to the proposed accused without even registering the First Information Report (FIR) and without conducting "investigation" in the manner prescribed by the Code of Criminal Procedure, can lead to disastrous consequences, further quelling the faith of the common man in the administration of criminal justice.
The judge pointed out, "Preparation of closure reports prior to registration of FIR with the title of "inquiry" is impermissible, yet often resorted to by the police bypassing the procedure prescribed under the Code."
"Such practice deserves to be condemned and shall be avoided to ensure effective implementation of the law, in its letter and spirit," the judge said.
The senior police officials must ensure that such delaying tactics are avoided and evidence is collected at the first instance to avoid tampering and loss of material against the culprits, the court observed.
"Considering the above-said facts and circumstances, SHO PS Jafrabad is hereby directed to register an FIR in the present case and file a compliance report by NDOH. Applications are disposed of accordingly," the court ordered on February 13.
The court pointed out, "It is quite evident in such-like cases where the police have presented the list of defenses of the proposed accused in the "inquiry" report itself, (forwarded by the ACP concerned...), that the investigation may not appear to be fair and impartial.
Accordingly, it is deemed fit to order that the DCP concerned may consider an investigation in the present case to be done by an independent unit to ensure that the investigation is carried out fairly, expeditiously and impartially with a view to eliciting the truth, the court ordered.
This direction has been passed in the two complaints, filed by Dr Asher Jesudoss and Niharika Kashyap, the fellows of the Ahimsa Fellowship.
It was alleged that a policeman in uniform was seen beating a street dog with a lathi.
The complainants have approached this court alongwith the video alleged to have been circulated on social media platforms whereby the policeman is apparently giving a hard blow with his lathi to the dog lying on the street.
It is alleged that the proposed accused is an employee of Delhi Police currently posted at PS Jafrabad. It is alleged that the proposed accused has committed several graves and serious offences by inflicting unnecessary pain and suffering on a community dog by continuously beating it with a stick so as to maim and render it useless.
It is alleged that a video was uploaded on the Twitter portal whereby it is apparent that a police officer is brutally beating a street dog with a lathi even though the dog was lying motionless and lifeless on the floor.
It is alleged that the incident took place on January 10 in 2022 around 10.40 am when the accused was speeding his motorcycle in gali no. 44, Jafrabad and he scared a community dog resting on the footpath and then he was bitten by the dog on his leg, after which the proposed accused stopped his motorcycle, took out his lathi and hit the dog following which the dog ran away and hid in a side lane.
It was alleged that thereafter the proposed accused went in search of the dog with the intent of inflicting harm upon the dog and found it near a house and the proposed accused immediately started beating the dog repeatedly and mercilessly with his lathi.
It is also alleged that the proposed accused was hitting the dog again and again even though it was lying motionless and lifeless on the road.
It is alleged that the video clearly shows that the dog was being beaten mercilessly even though it was in no position to retaliate or lift itself up.
It is stated that after a few hours, the residents of the locality tried to pick up the dog as it could not ingest food or medicine. Later, at about 04.40 pm, an ambulance was sent from one animal care center and the dog was given treatment.
"It is further stated that despite the complaints sent to the Delhi Police, no action has been taken including no vetero-legal examination of the stray dog was conducted in terms of sections 73 and 75 of the Delhi Police Act, 1978 which was mandatory upon the Police," the court noted.
It is further stated by the complainant that instead of taking action against the proposed accused for the alleged offences committed under Section 429 IPC, Section 11 of the Prevention of Cruelty to Animals Act, 1960 and Section 99 of the Delhi Police Act, 1978, the Police has rather issued a one-sided and self-serving statement to the media stating that the act of the proposed accused to be in his "self-defense".
In view of the said statement, it is stated that even after passing of the apprehension of any threat, the proposed accused went after the dog with the intention to inflict bodily harm to it after his wounds from the bite of the dog was already bandaged, the court noted.
It is alleged in the complaint that the act of the proposed accused was premeditated and motivated to maim the dog and render it useless.