Former bureaucrat Ashish Joshi, who was questioned for more than eight hours on September 2, has moved a Delhi court to seek a copy of the first information report (FIR) under which he was detained and grilled by the Delhi Police’s Special Cell.
In his application, Joshi said that furnishing an FIR to a person named in it, or to one who has reason to believe he has been named, is a “legal right flowing from Article 21 of the Constitution and not a matter left to the discretion of the investigating agency,” Joshi, 60, said in his application.
Chief Judicial Magistrate Mridul Gupta of Patiala House Court is likely to hear the request on Tuesday.
Joshi, represented by Aadil Singh Boparai, said he had submitted representations to the Delhi Police Commissioner and the DCP, Special Cell, on September 3, seeking a copy of the FIR, but had not received any response.
“The continued and unexplained denial of a copy of the FIR... has caused serious prejudice, uncertainty and hardship,” the plea said, adding that without the document, he was unable to ascertain the allegations against him or effectively seek legal remedies.
Joshi has sought directions to the Station House Officer or investigating officer of the Special Cell to furnish him with a copy of the FIR, alleging that despite repeated requests, the document has not been provided to him.
{{/usCountry}}Joshi has sought directions to the Station House Officer or investigating officer of the Special Cell to furnish him with a copy of the FIR, alleging that despite repeated requests, the document has not been provided to him.
{{/usCountry}}According to his plea, Joshi was returning from his a morning walk at 8:45am on September 2 when two persons claiming to be Special Cell officials approached him near Nehru Park.
They allegedly told him to accompany them for questioning over a post from his X account and informed him that he had been arrayed as an accused.
Joshi said he accompanied the officials to the Special Cell police station and was detained and interrogated from 9 am to 7 pm. He claimed that his repeated requests for a copy of the FIR during questioning were not acceded to.
He further alleged that the officers did not inform his wife about his whereabouts, causing his family “grave anxiety, harassment and mental agony”.
Joshi also said that no cognisable offence was committed by him warranting his detention and interrogation.