Delhi high court stays imposition of costs on police in Delhi riots case

On Monday, the police moved the high court against the trial court’s order of imposing a cost on it and calling the probe “farcical” and “callous”.

The Delhi high court on Wednesday stayed the imposition of ₹25,000 in case costs on the Delhi Police till the next date of hearing in a case related to north-east Delhi riots, even as it refused to interfere with the trial court’s observation against the probe in that case.

The court issued a notice to the city police and also sought the response from Nasir within 10 days.

On Monday, the police moved the high court against the trial court’s order of imposing a cost on it and calling the probe “farcical” and “callous”. The order came on a plea filed by a man named Nasir (single name), who was shot in the left eye during the riots that broke out in February 2020.

In his order, additional sessions judge Vinod Yadav pulled up the police for lack of efficacy and fairness in the investigation and said the probe was done in a most casual, callous, and farcical manner.

“We can’t expunge the remarks without hearing you (police). Costs may not be deposited till the next date of hearing,” said justice Subramonium Prasad while posting the matter to September 13.

Additional solicitor general S V Raju, appearing for the police, said at present, their main grievance was against the imposition of costs and the strictures. He also submitted that an FIR pertaining to the incident was lodged and the case thoroughly investigated; the accused was found to be not present at the spot at the relevant time.

Advocate Mehmood Pracha, representing Nasir, claimed that the police’s stand was misleading and his client was under “tremendous pressure to withdraw his pleas” before the court.

But the police argued that the imposition of a fine, which was to be recovered from the station house officer (SHO) of Bhajanpura police station and his supervising officers, was unwarranted and uncalled for.

The police said the July 13 order of the trial court was in violation of the principles of natural justice as it was passed without giving due opportunity to the DCP (deputy commissioner of police) to make his submissions, and that very serious remarks were made by the court against the investigation even prior to the commencement of trial.

Communal clashes broke out in north-east Delhi on February 24, 2020, after violence between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and around 700 injured.