Court asks why Delhi Police did not lodge FIR for ten years after finding dead body

A Delhi court recently criticised the Delhi Police for failing to lodge a first information report (FIR) for more than a decade after the recovery of a dead body [State v Untrace].

Judicial Magistrate First Class Bharti Beniwal of the Tis Hazari Court noted that no case was registered even though an inquest was conducted and it revealed a ligature mark on the neck and grievous injury to the back of the head.

“The conduct of police officials posted at PS Kamla Market at the relevant time is highly suspicious and appears to be either wilful inaction or a deliberate attempt to shield the culprits. Such a dereliction of duty in a case involving loss of human life cannot be tolerated," the July 8 Court order said.

Judge Beniwal issued notices to the Deputy Commissioner of Police (DCP), Central Range and ordered that the list of erring police officials from the date of death till the registration of the FIR be furnished to the Court.

"Let notice be issued to Joint Commissioner of Police, Central Range, to look into the matter, fix accountability and take appropriate departmental and legal action against the erring police officials. The matter shall also be investigated from the angle of possible complicity or collusion of the police officials posted at PS Kamla Market during the relevant in suppressing the present case," the Court added.

The body of a man, aged about 30 to 35 years, was found under suspicious circumstances on July 30, 2007.

Even though an FIR was finally registered in 2016, the police failed to act and did not even visit the witnesses or suspects.

Statements recorded indicated that the deceased was employed in a hotel near Ajmeri Gate and was killed within the premises.

It also came to light that the body was moved to a nearby drain in an attempt to conceal the incident. Several individuals were named in the witness statements, but no action followed.

After considering the case, the Court said that the matter revealed a deeply disturbing state of affairs and highlighted the utter apathy and gross negligence on part of police machinery in dealing with a heinous case of murder.

It ordered the police to file its response and posted the matter for hearing next on August 2.

Additional Public Prosecutor Vikram Dubey appeared on behalf of the State.

[Read Order]