A Delhi court on Monday quashed the order of a trial court directing the Commissioner of Police to appear before it in person regarding police inaction in connection with a case of forgery involving former BJP MLA Ranjeet Singh. The former MLA has been accused of producing false caste certificate during the 2013 Assembly elections.
Additional Sessions Judge Pulastya Pramachala, in a revision petition case, set aside two orders of Additional Chief Metropolitan Magistrate (ACMM) after the Delhi Police informed the court that investigation into the present case had been carried out by the SHO himself and that the report of such investigation was being filed before the trial court.
“Straight away summoning the top-most officer of the force could have been avoided and the trial court could have sought a report regarding such reasons. The personal appearance of the Commissioner of Police would not have served any purpose,” the ASJ said.
The court observed that the “appropriate course of action” would be to issue direction to ensure that “impartial and independent investigation” is conducted under the supervision of higher officers, “coupled with a report” to explain the reasons for the half-hearted investigation.
In August, former BSP MLA Surinder Kumar had filed a complaint alleging that the former Gokalpur MLA, who belongs to Muzaffarnagar, had procured fake OBC certificate to contest Assembly elections. The AAP had also warned that it would be moving the Election Commission for his disqualification.
The trial court had pulled up the Delhi Police and directed the Delhi Police to appoint an IPS-level officer as the Investigation Officer. It had also directed the Commissioner of Police to appear in person to report on police inaction in connection with the probe. The Delhi Police challenged the order in the sessions court.
In the current case, the trial court had ordered police to appoint an IPS-level officer as the IO when it found that even a month after the registration of the FIR, police was not serious about the investigation in the case.
When police sought more time to file appropriate report, the court directed the police commissioner to appear personally and explain why it police was stalling the investigation.
Indian Express | December 1, 2014
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