Delhi HC reprimands Delhi Police in case of minor allegedly shot by police

New Delhi [India], September 13 : The Delhi High Court while rejecting the status report, reprimanded Delhi Police for not giving the information in a matter related to a gunshot injury to a minor allegedly caused by cops.
The court has granted ten days time to the concerned DCP to file a fuller report. This matter pertains to the area of New Usmanpur Police station, Delhi.
Justice Asha Menon said, "This status report is not acceptable to the court. Ten days' time is granted to the DCP to submit a fuller report.
A case has been registered against the petitioner under sections related to obstructing public servants, attempt to murder and Arms Act.
The court also said, "In the meantime, since the petitioner's complaint is directed against the police, the DCP would also ensure that the petitioner is protected from unwarranted pressure."
The September 12 court order further read "In case of any grievance in this regard, the petitioner may bring it to the notice of the court by the next date of hearing".
"There is also a reference to gathering some valuable information over which they were working and a possibility that the criminals would be arrested in such valuable information. However, the report does not address the petitioner's grievance that it was the police who had harmed him," the court noted.
Additional standing counsel for Delhi Police, Sanjeev Bhandari submitted that the case has now been transferred to the crime branch. It would submit its status report before the next date of hearing.
The bench also noted that the report of DCP has been filed and a perusal of the report does not reveal anything except an acknowledgement that the petitioner appears to be a victim.
The bench observed, "It was expected that the DCP would have considered the various averments made in the petition filed before the court, particularly that the petitioner had sustained a gunshot injury and the persons responsible were Delhi Police officials."
"Whatever may be the information that they have obtained against the criminals, what was sought was a report on the basis of inquiry that the DCP would have made into the occurrence of the incident and any follow-up action against the police officials found wanting in the discharge of their duty," the court further observed.
The court made some strict observations during the hearing on the petition by the minor. The petition has sought a direction for the transfer of the case to the CBI and to suspend all the officials concerned in the matter.
The bench also noted that "It is not specified in the DCP's report as to what matter has been transferred to the crime branch, whether the investigation of the commission of the undisclosed crime or of the averments in the petition, specifically that the police had shot the petitioner."
Senior advocate K K Manan argued that the petitioner, who is a minor of 16 years of age, was shot at a close range by the police officials in the New Usmanpur area on June 11, 2022, without any apparent reason and against all police protocols, even if it assumed that Anti-Auto Theft Squad (AATS) was suspicious of the activities of the petitioner and his friend.
It was submitted by the senior advocate that a story was set that, police opened fire after hearing some suspicious sounds because large robberies had occurred in the area recently.
It was also submitted that no gun or other weapon was recovered from either the petitioner or his friend. So, ASI Rajdeep's claim that he started firing after he was fired can't be supported.