Delhi HC Slams City Police After IOs Fail to Appear; Says System Needs Streamlining
Court directed that a copy of the order be sent to the concerned DCP, with the expectation that serious efforts would be made to streamline the system;
The Delhi High Court recently pulled up the Delhi Police for showing “scant regard for liberty” after both the Investigating Officer (IO) and the Station House Officer (SHO) failed to appear in court despite repeated directions.
A bench led by Justice Girish Kathpalia made these observations while hearing a plea for anticipatory bail filed by a man accused of forging documents related to the sale of immovable property.
When the judge asked for the investigation file, the Additional Public Prosecutor (APP) expressed his inability to produce the same, stating that the file had not been brought and that SI Saurabh was not the IO in the case.
“It is shocking to note that despite repeated directions, neither the IO nor the SHO has appeared. SI Saurabh has appeared, but without the investigation file. This in itself shows the scant regard for liberty in the eyes of the concerned IO and SHO,” the court observed.
Justice Kathpalia further remarked that such conduct could itself justify the grant of anticipatory bail, as the police did not appear interested in opposing the plea.
Reflecting on past practice, the judge said that IOs would earlier brief the prosecutor either on the evening before the hearing or at least early in the morning on the day of the hearing.
However, court noted that investigators now either fail to appear or brief the prosecutor only after the hearing has commenced.
“Despite such conduct on the part of the police, I consider it appropriate to grant an opportunity to the State to file a formal status report,” the judge said while asking the police to file report within four weeks.
Granting interim relief, court ordered that the accused shall not be arrested but must join the investigation as and when directed in writing by the IO.
The high court further directed that a copy of the order be sent to the concerned DCP with the expectation that serious efforts will be made to streamline the system.
The matter is now scheduled for further hearing on August 28.
For Petitioners: Mr. Mohan Rao, Senior Advocate, with Mr. Lokesh Kumar Sharma, Advocate
For Respondents: Ms. Manjeet Arya, APP for the State with SI Saurabh Arora
Case Title: Shankar versus Govt of NCT of Delhi
Read order here: