"We will not let it go": Delhi High Court moots CBI probe into detention of student activists by Delhi Police

The Delhi High Court on Thursday warned the Delhi Police that it will order a probe by the Central Bureau of Investigation (CBI) into the alleged illegal detention and torture of students and activists by the police last month. 

A Division Bench of Justices Navin Chawla and Ravinder Dudeja examined the sealed cover reports furnished by the Delhi Police and expressed dissatisfaction with the same. 

The Bench observed that there were serious allegations of torture against police officials, and the police’s conduct so far did not inspire confidence. 

“We will not let it go. We might refer the investigation to CBI now. We are almost going there. Either you tell us action is taken or we will take action. We are not going to express any opinion, but we will say the allegations are serious, and we will say that this needs to be investigated by the CBI. You are forcing us to do that. We will say we can’t trust you with the investigation,” the Bench remarked. 

It added that the gravity of the offence alleged against the activist will not justify the police not following the proper procedure. Result will not justify the means, the Bench underscored. 

“When someone makes an allegation against someone, will you just go pick her up? We are not going to allow this. If you had some material to suspect them, there is a procedure prescribed in the law that you have to follow. If the procedure was not followed, we will direct the commissioner to conduct an inquiry. We are conveying it to you. We are not concerned how grave the allegation was… Constitution says procedure prescribed by law, we want to see the procedure followed,” the Bench added.

The Bench made the remarks while hearing the habeas corpus petitions related to the alleged detention of the students by police in March 2026.  

The Police had contended that the students and activists were under investigation for the alleged disappearance of a woman and supporting Maoist/Naxalite ideologies. The police said that students were taken in for questioning and let go the same day. The next day, the missing girl was recovered, and the students joined the investigation voluntarily.

Delhi Police also said that the allegations of abduction, wrongful confinement, torture, sexual harassment and illegal seizure are “false, fabricated, and devoid of any material particulars”.

The High Court had earlier directed the preservation of CCTV footages of the areas from where the students were allegedly detained. However, the Court was later informed that CCTV at two locations were not working. 

Today, a sealed cover report was furnished before the High Court about the status of the CCTV cameras in the Delhi Police Special Cell office where the students were taken. 

Senior Advocate Rebecca John appeared for some of the students today and argued that the way the police conducted itself should be frowned upon and that the CCTV footage of the Special Cell is extremely important because only it can show how long the students were kept there. 

Additional Standing Counsel (Criminal) Sanjeev Bhandari appeared for the Delhi Police and refuted the allegations of torture by the Delhi Police. 

He said that the FIR was not uploaded and shared with the accused because there are orders from the competent authority. 

Bhandari further said that the allegations that the Delhi Police was threatening the activists through phone calls or pressuring the doctors not to conduct their medical examination are false. 

He assured the Bench that the matter is being taken seriously and if at all an investigation is to be done, it will be done under the supervision of a superior officer.

Ultimately, the Bench recorded in its order that it is not satisfied with the status report filed by the police in sealed cover and, therefore, ordered the police to show the Court the entire file of the case. 

The Bench said it will hear the matter next on May 19 at 2:30 PM.