Form of words:
New Delhi: A trial court pulled up the Delhi Police for its lack of assistance in the February 2020 Northeast riots cases, noting that it was “really painful” that in most cases pending trial, the investigating officer was either physically present in the court. were not presented by or through. video conferencing.
Additional Sessions Judge Vinod Yadav, who pronounced his order on Saturday, said the absence of the police was particularly noticed at the time of consideration of the charge, and asked the commissioner to ensure that remedial steps are taken to ensure due process. Be picked up
Further, he said that he was given the understanding that the Investigating Officers do not even give information to the Special Public Prosecutor (PP) appointed to argue the cases in the trial court.
Delhi Lieutenant Governor Anil Baijal had last year nominated a special panel of advocates to try riot cases in the trial court instead of regular prosecutors. strongly opposed by Arvind Kejriwal Govt.
“On the morning of the date of hearing on the charge, they simply e-mail the PDF of the charge sheet to the learned Special PP and leave him to argue the matter, without giving him an opportunity to go deeper. Inquiry done,” observed the judge.
The remarks were part of a court order framing charges against two Muslim men for their alleged involvement in the three-day riots last year. The court rejected the defense’s argument that the case had falsely implicated two people.
Read also: Court summons police not to know that they are probing a case related to Delhi riots
‘Incomplete chargesheet, poor quality of investigation’
The court commented on the “poor” standard of investigation and said that after the “half-hearted” chargesheet was filed in the court, neither the IO nor the station in-charge nor the supervising officer “is bothered to see that the other What material is required to be “collected from the appropriate authority in the cases”.
The police do not even take necessary steps to take the investigation to its logical end. Moreover, they do not even care to answer the queries, if any, of the particular PP with regard to the charge sheet and further investigation to be done in the cases, he said.
According to the judge, the supervising officer “misfortune” failed to supervise the investigation under the Delhi High Court rules and even the magistrate of the area concerned did not do his job properly before taking cognizance of the matter. done, added Judge Yadav.
Before the matter is sent to the Sessions Court for hearing, the magistrate takes stock of the investigation process and also supervises the remand proceedings.
As a result, the judge said, many of the accused are “trapped in multiple cases” in jails.
While directing the police commissioner to take remedial steps, the judge said, “It is high time that the DCP and other concerned higher officials of the North-East district take note of the above observations and take immediate remedial action in the cases.”
“They are free to take the help of experts in this regard failing which injustice is likely to be done to the persons involved in these matters,” the order said.
Charges can be framed only on ‘grave suspicion’
The court framed charges against two men for attacking and damaging a blacksmith’s house during the riots. The two will now stand for trial to face prosecution witnesses.
It said that at the stage of consideration of the charge, the court should not “carefully judge” the evidence collected by the investigating agency.
The court said, “This is the initial stage of the trial, so the court should not decide whether the material collected by the investigating agency provides sufficient ground for the conviction of the accused or whether the trial will certainly result in his conviction.” would end.”
While the standard of test applicable to determine fault or otherwise cannot be applied at the trial stage, the court said charges can be framed in cases where there is only a strong suspicion.
(Edited by Mansa Mohan)
Read also: Delhi Police riots chargesheet is a parody written to prove the boss is always right
subscribe our channel youtube And Wire
Why is the news media in crisis and how can you fix it?
India needs free, unbiased, non-hyphenated and questionable journalism even more as it is facing many crises.
But the news media itself is in trouble. There have been brutal layoffs and pay-cuts. The best of journalism are shrinking, yielding to raw prime-time spectacle.
ThePrint has the best young journalists, columnists and editors to work for it. Smart and thinking people like you will have to pay the price for maintaining this quality of journalism. Whether you live in India or abroad, you can Here.