North-East Delhi violence: Delhi Court raps investigating officer for playing "hide and seek", non-compliance of direction

New Delhi [India], April 6 : While hearing cases of North East Delhi riots, Delhi's Karkardooma Court on Thursday, rapped Delhi police expressing "extreme displeasure" over the conduct of the Investigation Officer (IO) and non-compliance of direction.
The Court also sought a report from the concerned Deputy Commissioner of Police (DCP).
"It is apparent that the IO had been trying to play hide and seek from this court and misleading the court," it said.
The matter is related to the clubbing of four complaints in one FIR registered at Dayal Pur police station.
Despite a direction from the court and his assurance the IO has not investigated the matters separately, the court stated.
Additional Sessions Judge (ASJ) Pulastya Pramachala said, "I fail to understand, under which particular law and following which particular procedure of law, such investigation is going on, without resorting to Section 154 CrPC."
"Moreover, from the conduct of IO, it is well apparent that to date he had been trying to play a game of hide and seek from this court and to mislead the court in respect of proposed actions, " the judge added.
The court further said that it is also apparent that the complaint of a riotous incident made on February 27, 2020, still awaits an investigation adopting the due procedure of law.
The judge pointed out, "I do not wish to speculate any final reason behind such inaction over the aforesaid complaint, because it shall be a matter of internal inquiry and assessment of investigating agency i.e. Delhi Police."
The court has also sought the attention of the senior officer of the Delhi police in the matter.
This matter requires serious attention from the higher officers, not only to take appropriate legal action on the pending complaint but also to make an assessment of the conduct of the IO so far, the court said.
The court has also sought from the Prosecution some points in relation to the Investigation.
The judge said, "I find that giving clarification on the following points would be appropriate before the court proceeds further to hear on the point of charges".
"Firstly, If the FIR was registered in respect of a particular information received and consequent observations made by ASI Surender Pal on February 25, 2020, at 09:50 AM and thereafter, thereby resulting in FIR in this case, why the incident allegedly taking place prior in time was needed to be clubbed in this case," the court asked.
The court further asked. "If Delhi Police had received any information of any incident of a riot during the night hours of February 24, 2020, and early morning hours of February 25, 2020, in respect of any riotous act at Victoria Public School and nearby places, and was any FIR registered on the basis of that information received?"
"Is there any evidence on the record to show that which particular mob had committed which particular act (in view of the fact as mentioned in the rukka herein that there were mobs in favour of and against CAA at that place)?" the court asked.
The court added that further questions shall be raised as per the response received from the prosecution.
The matter has been listed for further hearing on May 22, 2023.
The court has directed to send a copy of the order to the DCP (N/E) for necessary action.
A report shall be expected from ld. DCP (N/E) as well, in respect of the above-mentioned observations made, the court said.
The court passed the direction during the hearing on the point of charges against the accused persons.
It was informed by the Special PP (SPP) Madhukar Pandey that in addition to FIR registered herein, this case pertains to four complaints made by Nadim Farooq, Farooq Ahmad, Jai Shankar Verma and Shahbaz Malik.
In the complaint of Mr Farooq Ahmad, there was mention of two different incidents allegedly taking place on the intervening night of February 24, 2020, and February 25, 2020, as well as on the intervening night of February 25 and 26.
Due to the clubbing of several incidents in one chargesheet, it had been mattering of deliberation by the court time and again, so as to have a clear-cut picture in order to decide within the parameters of law for what allegations the charges are to be decided, the court said.
This case is based on an FIR alleging that, on February 25, 2020, at 09:50 am and consequent visit of ASI Surender Pal to the place of the incident on Main Wazirabad Road, in front of Victoria Public School.
ASI had prepared a rukka giving an account of criminal activities seen by him at the place of an incident during his visit, which resulted in the present FIR, the order of April 1 reads.
Subsequently, IO clubbed complaints of the incidents allegedly taking place prior in time to the registration of FIR on the intervening night of February 24 and 25.
He had also clubbed the complaint of Farooq Ahmed, disclosing the incident allegedly took place on the intervening night of February 25 and 26, the order noted.
"On July 26, 2020, the IO had taken the stand that the incident allegedly took place in the intervening night of February 25 and 26, as per the complaint made by Farooq Ahmad, and would be separately investigated and a separate report of the investigation shall be filed," the court said.
The judge said, "He was given direction to file status report of such action proposed to be taken by him by next date of hearing i.e. September 6, 2022. However, he did not file any such report."