Delhi HC gives six weeks to police to produce SOP on road accident cases

The court was hearing a plea by a woman seeking compensation for the death of her 26-year-old son in a 2017 accident, which occurred allegedly after the driver was intoxicated. The petitioner claimed that the Delhi Police did not submit the driver’s blood sample for testing for three months, resulting in the denial of a fair trial

The Delhi high court on Friday sought to know from the Delhi Police commissioner whether there is a standard operating procedure (SOP) followed by officers in road accident cases.

The court observed the police need to have a standard operating procedure for their officers to follow and the agency may need to have its own lab for carrying out blood tests. (Representative Image/PTI)

Justice Prathiba M Singh gave six weeks to the police chief to produce the SOP on record, while also asking the Delhi government to place on record any scheme or policy which they may have for awarding compensation to the kin of the victim.

The court was hearing a plea by a woman seeking compensation from the authorities for the death of her 26-year-old son in a 2017 accident which occurred allegedly after the driver was intoxicated. The petitioner claimed that after the incident, the investigating officer (IO) of the Delhi Police did not submit the driver’s blood sample for testing for three months, resulting in the denial of a fair trial, and also sought action against the IO for failing to perform their duties.

“Before proceeding further (in the case), the court directs the Commissioner of Police – respondent no 2 to place on record any SOP which the police follow in respect of accident cases, either in case of injury or death. The said SOP will be placed on record within 6 weeks. Also, the respondent no 1 (Delhi government) or 2 shall place on record any scheme or policy which they may have for awarding compensation which is sought by the petitioner,” the court said.

The counsel for the Delhi Police informed the court that the IO has since retired.

The court observed the police need to have an SOP for their officials to follow in such cases and the agency may need to have its own lab for carrying out blood tests.

“They (police) need to have an SOP whenever such a drunk-drive accident happens. If they have a procedure and they are trained, they will know that I have to take CCTV (footage)…take samples to the lab in 24 hours, and that SOP needs to be there. I want to know if Delhi Police has one. Maybe the police needs to have its own lab because there are so many samples,” the court said.

The matter will be heard next on April 19, 2023.