Court asks police to ensure fair probe in Deep Sidhu’s case
A Delhi court on Friday said that police are not supposed to collect evidence only to prove the guilt of the accused but rather to bring a true picture of an incident, as it directed the city police force to look into the issues raised by Punjabi actor Deep Sidhu in his plea seeking a fair investigation.
Sidhu, who was arrested by the police for alleged role in inciting people to resort to violence at the Red Fort on Republic Day, had moved court seeking to include all videos and other materials on record which allegedly proved his innocence. His plea had sought directions to the police to conduct a fair and impartial investigation in the case.
On Friday, the court asked the police to look into the issues raised by the accused through his counsel Abhishek Gupta.
“Police officials are directed to investigate on the points as mentioned in the application made by the complainant to unearth the truth…..
“The IO (investigating officer) is duty bound to conduct proper investigation in the matter in a fair and impartial manner. He is not supposed to collect the evidence only to prove the guilt of the accused, rather he has to bring the true picture before the court,”Chief Metropolitan Magistrate Gajender Singh Nagar said in his order.
The court, however, added that appropriate action may be taken and appropriate sections may be added if Sidhu was trying to mislead the investigation by fabricating false evidence.
During the hearing, advocate Abhishek Gupta, appearing for Sidhu, told the court that Sidhu was not an instigator of the incident at Red Fort, as alleged by the police.
“There is no video of him calling the people to gather at Red Fort. He did not indulge in any kind of violence taking place at Red Fort. He was only a peaceful protestor,” Gupta claimed. He further contended that Sidhu was staying at a hotel in Murthal from where he checked out at 12 pm on February 26 and left for Delhi only after checking out.
“The CCTV footage of the hotel, which was in working condition, checkout bill showing the time/payment details, as online payment was made, be obtained to ascertain this... Further, the car navigation system installed in the Ford Endeavor car used by him which is in police possession would also show the route taken by him to reach from Murthal to Red Fort along with timings and time taken in the same,” he submitted.
He further said Sidhu reached the area around Red Fort only around 2 pm, which can be proven by his phone location and by that time a huge crowd has already gathered at the spot. He claimed there was CCTV footage of the Red Fort in which Sidhu can be seen helping the police by requesting the crowd to leave the rampart where they were trying to hoist the flag.
Additional Public Prosecutor Rajiv Kamboj, appearing for the police, opposed Sidhu’s plea saying the accused cannot guide the police to conduct investigation in a particular manner.
The court had on February 23 sent Sidhu to judicial custody in the case. Police had earlier alleged he was one of the main instigators of the violent incidents at the Red Fort.