Delhi Court takes serious view of role of SHO, IO in matter related to encroachment on government land
Aug 13, 2022
New Delhi [India], August 13 : A Delhi court has taken a serious view of the role of SHO and IO in a matter of encroachment on government land and disputes related to it. An FIR for allegedly outraging the modesty of a woman was registered later.
Additional Sessions Judge Kamini Lau of Tees Hazari Court after taking a serious view said that the role of the police officers is not above the board. The court made this observation after recording the submission of the Additional Deputy Commissioner of Police while hearing the bail plea of three accused persons.
"I have considered the submissions made and I am compelled to bring on record the fact that the role of the SHO Police Station I.P. Estate Inspector Sanjeev Kumar and the initial Investigating Officer SI Narender Kumar does not prima facie appear to be above board and comes under a scanner for the following reasons," the special judge observed.
Addl. DCP had submitted before the court that in the light of the observations made by this court, the decision relating to the transfer of investigations in the matter to some
specialized agency dealing with land grabbing matters, appears to be necessary but a decision regarding the same can only be taken at the level of Deputy Commissioner of Police and
Additional Commissioner of Police. He also submitted that he shall communicate the status of the proceedings before this Court to the senior officers along with the conduct of the SHO Police Station I.P. Estate in repeatedly absenting himself and not providing proper assistance to the Court, for which he shall be dealt with departmentally.
He further submitted that in case of any decision by the senior officers relating to investigations, the same shall be communicated to this Court.
The Court noted that initially in the FIR provisions under Sections related to theft, criminal intimidation etc. were invoked and later provisions related to causing hurt, and molestation were added. All provide a punishment of fewer than seven years.
On the one hand, the SHO and IO are vehemently opposing the present applications whereas on the other hand there is non-giving of the notice under Cr.PC., the court noted.
The court also noted in the order of August 4, 2022, that the cause for registration of the FIR was a dispute relating to large-scale encroachments over government land with massive illegal pucca constructions made at the time of the incident which I am informed is continuing
without any inhibition for the sale of the same in an attempt to create ownership and possessory rights over these properties which have been deliberately shown as a Jhuggi.
The court further noted, "failure of the SHO to inform the concerned land-owning agencies about these illegal encroachments over the government land on Meer Dard Road and consecutive raising of illegal pucca constructions, particularly recent constructions which I am informed are still going on, with resultant criminal disputes including registration of
present FIR."
The court said, "Registration of multiple and counter cases against the parties in respect of disputes relating to land grabbing and construction over government land by Gangs who
prima facie appear to be Land Mafias as noticed by this Court in proceedings dated 05 May 2022 and 20 May 2022 and failure of the SHO to verify the credentials of these persons involved in the same. Court noted that most of these violators appear to be Illegal Immigrants whose credentials were directed to be verified but not done by the IO/ SHO."
