Court Asks Police Chief to Ensure Innocent’s Civil Liberty

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The Delhi Police Commissioner has been asked by a court here to take remedial actions to ensure that “civil liberties of innocent, poor and helpless persons” were not curtailed by the cops without any justification. The observation was made by Additional Sessions Judge (bassi while acquitting a man, facing trial in a murder case. The court noted that the accused was falsely implicated by investigating officer (IO) due to which he had to remain in jail for over four years. It also asked the Police Commissioner to look into the conduct of Inspector Ishwar Singh, IO of the case relating to murder of 50-year-old Jai Singh. “Investigating Officer Inspector Ishwar Singh miserably failed to apprehend the real culprit who killed the deceased and Anoj Mishra (accused) was falsely implicated by the IO in order to solve the case,” the court observed. “Copy of this judgement be sent to Commissioner of Police, Delhi, to look into conduct of IO Inspector Ishwar Singh…for taking remedial action to ensure that civil liberties of innocent, poor and helpless persons are not curtailed by the police officials without any justification,” the judge said.

While acquitting Mishra, the court said that despite being completely innocent, he remained behind the bars for more than four years and his “fundamental right to life and personal liberty guaranteed under Article 21 of the Constitution was blatantly violated by the IO.” The court said that “apart from the weak and incredible evidence adduced by the prosecution to prove chain of circumstance against the accused, there are glaring defects and contradictions in the entire investigation and prosecution evidence”. According to the police, Mishra had allegedly killed Singh on July 28, 2010, over a dispute of Rs. 1,200 by assaulting him with a sharp-edged weapon. A case under section 302 (murder) of IPC was registered and later on, Mishra was arrested on August 1, 2010. During the trial, Mishra had told the court that he was falsely implicated in the case to save the real culprit.

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