The Delhi High Court has issued notice in a petition seeking transfer of a Delhi riots case out of the North-East district for a free and fair inquiry. (Shadab Alam vs State).The Petitioner, an accused in the case, has prayed that the case be either sent to another district or to an independent investigating agency..Prayer is also made that High Court-monitored re-investigation/de novo investigation be directed in the case..Notice to the Delhi Police was issued by a Single Judge Bench of Justice Yogesh Khanna..As per the Petitioner, he was picked up from medical shop on February 24 and only when applications were moved before the trial court regarding their illegal detention, arrest was shown only on February 28..The Petitioner has claimed that although the owner of the medical store gave an affidavit stating that the Petitioner was with him in the shop on the said date and thus did not participate in the riots, this evidence was not taken on record by the investigating agency..It is also claimed that the two medical reports dated February 28 and 29 were showed that when the Petitioner was in jail, he sustained injuries caused on the back and other parts of body..Further, the request for production and preservation of the CCTV coverage of the medical store , the police station call records of the accused persons of the relevant time was also declined, the Petitioner has added..In view of the above circumstances, the petitioner argued that it was imperative that the investigation is handed over to some other agency other than the concerned police station..Advocates Tara Narula, Nupur, Aparajita Sinha appeared for the Petitioner. .APP Amit Prasad appeared for the State..Read the Order:
The Delhi High Court has issued notice in a petition seeking transfer of a Delhi riots case out of the North-East district for a free and fair inquiry. (Shadab Alam vs State).The Petitioner, an accused in the case, has prayed that the case be either sent to another district or to an independent investigating agency..Prayer is also made that High Court-monitored re-investigation/de novo investigation be directed in the case..Notice to the Delhi Police was issued by a Single Judge Bench of Justice Yogesh Khanna..As per the Petitioner, he was picked up from medical shop on February 24 and only when applications were moved before the trial court regarding their illegal detention, arrest was shown only on February 28..The Petitioner has claimed that although the owner of the medical store gave an affidavit stating that the Petitioner was with him in the shop on the said date and thus did not participate in the riots, this evidence was not taken on record by the investigating agency..It is also claimed that the two medical reports dated February 28 and 29 were showed that when the Petitioner was in jail, he sustained injuries caused on the back and other parts of body..Further, the request for production and preservation of the CCTV coverage of the medical store , the police station call records of the accused persons of the relevant time was also declined, the Petitioner has added..In view of the above circumstances, the petitioner argued that it was imperative that the investigation is handed over to some other agency other than the concerned police station..Advocates Tara Narula, Nupur, Aparajita Sinha appeared for the Petitioner. .APP Amit Prasad appeared for the State..Read the Order:
