The Delhi High Court has asked the Delhi Police to quash a provision in its punishment rules, which allowed reinstatement of personnel who have been acquitted in criminal cases on technical grounds. The provision barred departmental enquiry against them based on the same evidence.
“Why is the Commissioner of Police retaining departmental inquiry rules which favour such kinds of police personnel?” the court said, striking down a tribunal order to police to reinstate three personnel, Ramesh Singh, Nirupam Thakur and Rakesh Singh acquitted in a rape, kidnap and double murder case, and a robbery case respectively. The court was of the view that a personnel, even if acquitted in crimes such as murder and rape, cannot be taken back without a disciplinary, departmental enquiry or without closely looking into under what circumstances they were set free. The court said in a number of cases it was found that errant cops manage an acquittal by influencing witnesses.
“We cannot resist noting that the three cases bring out a very disturbing trend… At the constabulary level, we find that police officers are able to suborn witnesses and are getting away at the criminal trials and also at the domestic enquiries”, said a bench headed by justice Pradeep Nandrajog. Delhi Police counsel VK Tandon told the court that even in cases where those acquitted are dismissed after found guilty, the personnel manage to get it set aside from a court as the law is loaded in their favour.