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Title: State Vs Deepak Gaur

IN THE COURT OF SH. DEVENDER KUMAR JANGALA ADDITIONAL SESSIONS SC No. 360/2018, FIR No. 75/2018 153A/505/120B/34 IPC

Order Dated- 27.05.2023

Introduction

On Saturday, the Delhi Court reprimanded the Delhi Police for failing to conclude an investigation into the alleged burning of a copy of the constitution and the chanting of anti-SC/ST slogans during a protest on Parliament Street in 2018.

Contrary to the provisions of the SC & ST (Prevention of Atrocities) Act, this court has repeatedly urged the investigating officer and senior officers to conclude the investigation that has been lingering since 2018, despite having 60 days to do so. “It is extremely disheartening to note that despite this court’s specific observation regarding the delay in conducting an investigation, the investigating officer has failed to comply,” the court stated.

A copy of the previous order was also sent to the Additional Commissioner/Joint Commissioner and Special Commissioner of Police, according to Additional Sessions Judge Devender Kumar Jangala, with the hope that bringing the matter to the attention of senior police officers will yield some results. The court added that it appears that senior police officers are also napping on the case.

Facts of the Case

According to a report by The Hindu, the FIR was filed “in connection with Youth for Equality protesters burning a copy of the Constitution and shouting slogans against B.R. Ambedkar and the SC/ST community.” Saturday, the police informed the court that the investigation had been assigned to Additional DCP-I/South West District but could not be completed due to a lack of time.

In an order dated 27 May, the court stated that on the last date of the hearing, the Additional Commission/Joint Commissioner of Police was informed that according to the provisions of the SC & ST (Prevention of Atrocities) Act, the investigation must be concluded within 60 days and the supplementary charge sheet must be filed without delay. “However, despite this court’s specific observation and reminder to the Additional Commissioner/Joint Commissioner of Police, even the investigation’s status report has not been filed with this court,” the court said.

Courts Analysis and decision

The court described it as a “classic example” where the Supreme Court’s observation in National Campaign on Dalit Human Rights v. Union of India is directly applicable. “The Honourable Supreme Court in Case (supra) stated, ‘We have closely examined the evidence on file, and we are of the opinion that the authorities in question have failed to comply with the provisions of the Act and the Rules. The laudable purpose for which the Act was enacted is undermined by the indifference of the authorities,’ the court stated. Instructing IO ACP Ajay Gupta to appear in court on the next date of hearing along with the investigation’s status, the court ordered the Special Commissioner of Police (concerning Range) to expedite the investigation of the case in accordance with the provisions of the SC & ST (Prevention of Atrocities) Act.

“The Special Commissioner of Police (involved Range) is ordered to file a status report by the next date, i.e., June 8, 2023, regarding the measures taken to assure a swift investigation in this case. The Special Commissioner of Police (involved Range) is also directed to file the report under his own signature in accordance with the above order.” The court also ordered that a duplicate of its current order as well as the previous order be sent to the Commissioner of Police, Delhi Police, in order to bring to his attention, the conduct of the police officials, namely the Investigating Officer, Deputy Commissioner of Police, and Additional/Joint Commissioner of Police, New Delhi.

Judgment- click here to review the judgment

 

 

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Written by- Anushka Satwani