A Delhi Court on November 11, 2019, has directed Police to file a status report on the investigation into the Tis Hazari clash
, saying that the move is aimed to "avoid miscarriage of justice".
Additional Chief Metropolitan Magistrate Jitendra Singh
further directed the Delhi Police Crime Branch, which is probing the cases, to preserve all relevant CCTV footage available of the incident. "As far as the application for preservation of CCTV footage is concerned, the investigating agency is required to preserve all the relevant CCTV footage available in and around the place of incident, as undoubtedly, they are crucial piece of evidence which can aid in verifying the allegations and counter-allegations of advocates and police,"
the court said.
The court has asked the deputy commissioner of police (DCP) concerned to file the report by November 20, 2019. The directions were passed by the court on pleas filed by the Delhi Bar Association of Tis Hazari court seeking a status report on the investigation in the case of alleged assault on a lawyer by the police inside the lockup of the court and alleged firing on other lawyers. The Bar Association has demanded the arrest of the police personnel who opened fire and it also sought the preservation of CCTV footages of the incident. Learned counsel, appearing for the DBA, submitted before the court that proper and fair investigation was not taking place and statements of the witnesses or advocates present at the time of the incident were not recorded. He claimed that the police have failed to seize the weapon of the offence and have not even bothered to seek custodial interrogation of the accused. Denying the submissions, additional public prosecutor, appearing for the state, told the court that fair investigation was being carried out by the crime branch of Delhi Police and it was leaving no stone unturned for expeditious completion of the probe. No arrest of officers who allegedly opened fire
The Bar Association in its plea also sought arrest of officers who allegedly opened fire. The court, however, dismissed the prayer saying that as per the Code of Criminal Procedure, 1973
, the power and prerogative to arrest the accused vests upon the investigating agency. "As per the Code of Criminal Procedure, the power and prerogative to arrest the accused vests upon the investigating agency. However, the law requires that the discretion to arrest be exercised in just, fair and impartial manner. This court cannot direct the arrest of the accused persons, however, the conjoint reading of rule... of Delhi High Court Rules... this court no doubt has power to scrutinise the reasons which paves the way for exercising the discretion of arrest/non-arrest by the investigating agency concerned,"
the court said. (Source India Today)