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The Court of Additional Chief Metropolitan Magistrate Jitendra Singh has asked the Delhi Police to file the status report on the investigation in the FIRs registered after the Tis Hazari incident.
The FIRs ie. FIR No. 268, 270 and 272 of 2019 essentially pertain to complaints by the injured advocates against the Delhi Police personnel.
The Court has also directed the Delhi Police to preserve all the relevant CCTV footage in and around the Tis Harazi incident.
“.. in the interest of justice and to avoid a miscarriage of justice and further in the totality of circumstances, the worthy DCP concerned is expected to file the status report qua the investigation in the above-mentioned FIR on or before the NDOH.
As far as the application for preservation of the CCTV footage is concerned, the Investigating Agency is required to preserve all the relevant CCTV footages available in and around the place of incident, as, undoubtedly they are a crucial piece of evidence which can id in verifying the allegations and counter-allegations of advocates and police. ,”
The order was passed by the Court in a plea by the legal Committee of the Delhi Bar Association seeking a status report in the FIRs and issuance of directions for the arrest of the accused persons. The Committee had also sought the preservation of CCTV footage of the relevant time and place.
The Committee contended that proper and fair investigation in the case was not taking place as the Delhi Police had not even recorded the statement of witnesses/advocates who were present at the time of the incident. It was also alleged that the Agency had also failed to seize the weapon of offence or sought the custodial investigation of the accused persons.
The Delhi Police, on the other hand, submitted that fair investigation was underway and no stone was being left unturned to complete it expeditiously.
Observing that it was the duty of the Magistrate to ensure fair and impartial investigation, the Court directed the Delhi Police to file its status report in the case and preserve the CCTV footage.
It nonetheless added that the Court had no power direct the arrest of the accused persons and the same was the prerogative of the Police.
A scuffle had broken out between lawyers and police personnel at Delhi’s Tis Hazari Court Complex on November 2 after an argument between a lawyer and the police over parking. The altercation soon escalated and resulted in serious violence in the Court Complex which included a lawyer getting shot.
The Delhi High Court Court soon took suo-moto cognizance of the matter and ordered a judicial inquiry headed by Justice (retd.) SP Garg into the Tis Hazari violence. While doing so, it also granted protection from coercive action against the lawyers in connection with the cross-FIRs registered against them by Delhi Police.
Following the incident, lawyers across the district courts in the city have been abstaining from work since November 4.
The matter would be heard next on November 20.
Read the Order: