[Delhi Riots] Delhi Court laments lackadaisical approach of prosecution, investigating agency

A Delhi Court has said that the prosecution and the Delhi Police had shown a “lackadaisical approach” while dealing with Delhi Riots cases [State v. Rohit]..Additional Chief Metropolitan Magistrate Arun Kumar Garg said, "Such lackadaisical approach on the part of the prosecution as well as the investigating agency in riots cases has been repeatedly brought to the notice of not only the DCP North East and Joint CP Eastern Range but has also been brought to the notice of the Commissioner of Police, Delhi.”.The Court lamented that no steps for “proper prosecution of the cases” seem to have been taken by either of them.“If taken, have not yet been brought to the notice of this Court. The aforesaid failure on the part of said police officers to take appropriate measures for prosecution of riots cases is causing avoidable delay in committal/trial of riots cases,” it noted..The judge, therefore, ordered, "I deem it appropriate to once again direct the Commissioner of Police Delhi to personally look into the issues pointed out by this Court and to ensure proper prosecution of the riots cases failing which, the Court shall be constrained to pass adverse order as per law against the State including but not limited to imposition of adjournment costs on the State with a further direction to deduct the same from the salary of the officers responsible for imposition of the said cost.” The strongly-worded order also directed the Delhi Police Commissioner to ensure the presence of the DCP (northeast district) before the Court, if he wished to avail the opportunity of a personal hearing on the next date, to apprise the Court of the difficulties, if any, faced by him in compliance of directions of the Court. Failing which, the Court warned, it will be constrained to pass an appropriate order as per the law without any further opportunity of hearing..The observations came on September 17, during the hearing of a case against an accused Rohit, against whom submissions on the cognisance of the charges were supposed to be heard.The matter was passed over in the morning given the absence of the Special Public Prosecutor (SPP) and the investigating officer (IO). The Court was later informed that the IO was attending a hearing in the Delhi High Court and the matter was adjourned to the post-lunch session.When the SPP didn’t appear at the scheduled time, the Court said, “A request for adjournment is made by the IO to assist the Court on the facts of the case on the ground that he has not gone through the police file and hence is unable to answer the queries of the Court. Moreover Ld. SPP for the State is also not available despite repeated calls. It is already 3.25 pm. A perusal of the record reveals that Ld. SPP for the State had not been appearing in the present case since last many dates and even on the last date of hearing Ld. SPP had appeared only after the matter was adjourned in the morning.”The Court also noted that according to a report dated September 3, 2021, from the DCP (northeast), the SHO of Gokalpuri police station, where the FIR was registered, had been directed to ensure the presence of both of them at a time.The order, as a result, observed, “This Court is not oblivious of the fact that inability of SHO PS Gokalpuri to ensure the presence of the IO till 3.25 pm was due to the reasons beyond his control as the IO had to appear before Hon’ble High Court of Delhi, however, once he was aware of the fact that IO of this case had to appear before Hon’ble High Court, he should have deputed a substitute officer, duly briefed by the IO, to remain present before this Court for assistance on facts. This Court is pained to note that the SHO Gokalpuri has not only failed to depute the substitute IO but also to ensure that the IO while appearing at 3.25 pm, should at least have gone to the case file. He has also failed to ensure the presence of Ld. SPP except on the second call that too to seek a pass over.”.While posting the matter on October 1, the Court directed for its order to be sent to DCP (northeast), Joint Commissioner of Police Eastern Range, Commissioner of Police Delhi as well as the Lieutenant Governor of Delhi..[Read Order]