HC threatens Delhi Police of CBI probe into detention of forum members

The Delhi High Court criticized police over the detention of 10 activists, citing torture claims, and may refer the case to the CBI for investigation.

New Delhi

The matter will be next heard on May 19. (Representative photo)

The Delhi High Court on Thursday criticised the Delhi Police over the manner in which it allegedly detained 10 activists last month and indicated that it may refer the matter to the Central Bureau of Investigation (CBI).

A bench of justices Navin Chawla and Ravinder Dudeja, noting that the activists had levelled serious allegations of torture during their detention, asked the police to produce records demonstrating that the detention was carried out lawfully. The court 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.

“Law prescribes a procedure, and you have to prescribe a procedure, come what may. Please don’t tell us that there was a grave complaint, you maybe investigating a terrorist angle, but if you pick up someone, you have to follow the procedure. You are admitting that you picked. Which provision allows you to pick? If there’s an allegation against someone, you will pick them up? Justify the means, the law provides for means, tell us if means have been followed and if you cannot, consequences will follow,” the bench said to Delhi Police’s standing counsel Sanjeev Bhandari.

It said, “Produce CCTV footage, because there are serious allegations of torture. Torture cannot be a means of interrogation. We are not going to allow this. Please, if you have some material to suspect them, you have a procedure prescribed in law. We are not concerned with how grave an allegation is, we are concerned with the procedure. The Constitution prescribes a procedure. On these allegations, we might refer the matter to CBI. You tell us that action has been taken (against these officers on the next date), or else we will... We will say that the allegations are very serious and thus the matter must be referred to the CBI…”

The court made the remarks while considering the 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 the activists had been released.

The Delhi Police, in an affidavit filed last month, had said that the activists were only called for lawful questioning in connection with a case involving the alleged wrongful confinement of a woman, and that they had been released after recording their statements. The police stated they called the activists on March 12, 13, and 14 to obtain information about the whereabouts of individuals missing since July 2025, based on intelligence inputs.

According to the affidavit, the FIR was registered on July 8, 2025, based on a complaint filed by the missing woman’s father, who expressed apprehension that his daughter was being held against her will. He alleged that seven individuals associated with BSCEM had “forcibly isolated” and used her as a “pawn for anti-national or terrorist activities”.

This came after the court perused the status report submitted by the Delhi Police in a sealed cover regarding the investigation and after it heard the activists’ lawyers.

Counsel for Rajora submitted that the individuals were allegedly detained and subjected to torture, arguing that the conduct of the Delhi Police warranted serious concern. It was further contended that CCTV footage from the Special Cell was crucial, as it would reveal the duration for which the activists were kept in custody. Counsel for the families of the other detainees also alleged that intimidation continued even after their release, claiming that when they attempted to undergo medical examinations, officials were present.

However, the counsel for the Delhi Police submitted that the individuals had been called in connection with a complaint involving serious allegations and denied any claims of illegal detention. He, however, assured that the matter was being taken seriously and if an investigation is being done, it will be done under the supervision of a superior officer.

The matter will be next heard on May 19.