Preserve CCTV Footage Of Camera Installed At Turkman Gate Police Post: Delhi High Court In Plea Alleging Illegal Detention & Beating

The Delhi High Court has directed the State to ensure that CCTV footage installed at Turkman Gate Police Post, Delhi from January 25, 2021 be preserved.

The Single Judge Bench comprising Justice Anu Malhotra issued the direction in a plea alleging illegal detention & beating by police officials. In the said plea, it is the case of the State that the contentions raised on petitioner’s behalf were erroneous & that the matter in fact related to a dispute between the husband and wife and the petitioner was the cousin of the husband, between whom, there was a dispute.

Factual Matrix

In the present matter, the petitioner has stated that him along with some other people were illegally detained & mercilessly beaten by the officials of police post Turkman Gate, P.S. Chandni Mahal, Central-District, Delhi on January 25, 2021.

Thereafter, the petitioner filed a complaint on January 27,2021 & further sent communications The petitioner concerning the incident dated January 25,2021. Thus, the petitioner approached this Court praying for directing the respondent to conduct preliminary Inquiry in a fair, impartial & time bound manner under the direct supervision of a Joint Commissioner of Police or by  a Police Officer of a higher rank. It was also prayed for directing the respondents to secure and place on record the CCTV footage of all the Cameras installed in and around the Police Post Turkman Gate pertaining to the incident dated: 25.01.2021 from 09.00 P.M onwards till midnight, before this Hon'ble Court, in terms of the Hon'ble Supreme Court judgement dated 02.12.2020 passed in the case of Paramvir Singh Saini vs Balji Singh.

The petitioner further prayed for formulation of a pragmatic mechanism to ensure strict compliance of the directions contained in Para 120 of the Apex Court judgement in Lalita Kumari v. Govt of UP & para 24 of the Delhi High Court judgement in Kirti Vashisht v. State & Ors. 

In Kirti Vashisht v. State & Ors, CRL.M.C. 5933/2019 Single Judge Bench comprising Justice Suresh Kumar Kait of Delhi High Court in the relevant para observed that, “24. I further direct the Commissioner of Police, Delhi to issue a circular/standing order that in case, a complaint is to be closed for any reason, the same shall be closed with reasoned order and the same shall be communicated to the complainant in writing without any delay.”

The petitioner’s Counsel while contending that there has been flagrant violation of Article 21 submitted that the entire incident of police officials illegally detaining & beating the petitioner & others has been stored in two CCTV cameras installed at the Turkman Gate Police Post. 

 

The Court while further directing the State to submit a status report has listed the matter for April 8, 2021. 

Case Title: Umair Siddiqui v. The State NCT of Delhi| W.P.(CRL)679/2021