Delhi HC declines CBI probe into activists’ ‘detention, torture’

Delhi High Court declines CBI probe into alleged torture of activists, allowing police inquiry to proceed, but warns of further action if deemed inadequate.

New Delhi The Delhi High Court on Tuesday declined to order a Central Bureau of Investigation (CBI) probe into the alleged detention and torture of 10 activists in March, after the Delhi Police informed the court that the commissioner of police had already directed joint commissioner of police to hold an inquiry into the allegations.

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A bench of justices Navin Chawla and Ravinder Dudeja said it would allow the inquiry to proceed for now but if it later found the investigation to be an “eyewash”, the court would take the matter to its logical conclusion.

“Not at this stage. They’ve started inquiry by a senior officer. We’ll see what happens. Mostly, we dispose of the petitions but we are not doing do in this case, because we also want to see if it is an eyewash and they’re only trying to conceal something or they actually mean to do. If we later find that this was all eyewash, then take it from us that we will take it to a logical conclusion……” the bench said.

The court, however, refused to order a CBI probe while considering a habeas corpus petitions filed by the kin of the activists, including one filed by Sagrika Rajora, sister of the accused Lakshita Rajora, who alleged that she and six others were detained by the Delhi Police’s Special Cell at the office of Bhagat Singh Chatra Ekta Manch (BSCEM) in Vijay Nagar on March 13.

Three other activists were reportedly picked up on March 12 from outside Dayal Singh College. However, the Delhi Police told the court in a special hearing on Sunday that all activists had been released.

This came after counsel for the activists urged the high court (HC) to order a CBI probe. However, the Delhi Police, in its status report, informed the court that considering the facts and circumstances raised in the petitions, the commissioner of police had designated the joint commissioner of police (southern range) to conduct an inquiry, pursuant to which certain proceedings had already been initiated.

The inquiry, to be sure, was ordered after the high court in April criticised the Delhi Police over the manner in which it allegedly detained activists and indicated that it may refer the matter to the CBI. The judges noted that the activists had levelled serious allegations of torture following their detention and asked the police to produce records demonstrating that the detention was carried out lawfully.

The court had emphasised that even in cases involving grave allegations, including a suspected terrorist angle, due procedure must be followed and torture cannot be used as a means of interrogation.

The matter will be next heard on July 13.