Delhi Police didn’t appreciate seriousness of orders to install CCTV cameras: High Court

The Delhi High Court on Friday said the police did not appreciate the seriousness of its past orders to ensure better street lighting and CCTV cameras in West Delhi’s Aman Vihar area, despite hundreds of cases of missing children and adults being reported from there.

A bench of Chief Justice D N Patel and Justice C Hari Shankar also noted that according to Delhi Police, 587 cameras were to be installed at 118 vulnerable locations in the city but the same was not done.

“It is misfortune of people living in Aman Vihar that not a single CCTV camera has been installed there by the respondent (police). It appears the seriousness of court orders has not been appreciated by the respondent. Enough is enough. Unnecessarily you people are not doing anything,” the court said.

It directed the Delhi Police commissioner to install CCTV cameras in the Aman Vihar area as well as the other vulnerable locations in the city “as early as possible and practicable” and preferably within six months from the date of receipt of the order.

The court told the top cop that if more than 587 cameras were required then more should be installed.

AAP MLA discharged by Delhi court in six cases of extortion

A court here today discharged Delhi AAP MLA Manoj Kumar in six related cases of extortion filed against him in August 2015.

Additional Chief Metropolitan Magistrate Samar Vishal absolved the MLA from the charges citing lack of evidence against him.

The court, however, framed the charges against his personal assistant and co-accused Deepak Sharma in the case.

Delhi police had registered as many as 17 FIRs in East Delhi against Sharma, who was then arrested. In some of the FIRs, the MLA was also made an accused.

Sharma was arrested over a complaint by a ration shop owner, who had alleged that he had been extorting Rs 2,000 every month from local shop owners, and had threatened to cancel their licenses if they refused to pay up.

Most of the complainants had alleged that Sharma had been extorting Rs 2,000 from each of them, the police had said.

Sharma had threatened to shut down the shops of those who resisted his demand, the complainants had told the police.

EC bribery: Dhinakaran named as accused in supp charge sheet

EC bribery: Dhinakaran named as accused in supp charge sheet
EC bribery: Dhinakaran named as accused in supp charge sheet

The Delhi Police has accused AIADMK (Amma) leader T T V Dhinakaran of corruption and conspiracy in a supplementary charge sheet filed before a city court in the Election Commission bribery case.

Additional Sessions Judge Kiran Bansal, before whom the 272-page supplementary charge sheet was filed, is likely to take its cognisance on December 21.

Besides Dhinakaran, Sukesh Chandrashekhar, alleged middleman, Mallikarjuna, a long-time friend of Dhinakaran, and six others have been named as accused.

Dhinakaran, who was not mentioned as an accused in the charge sheet filed by the police in July this year, has now been accused of offences under sections 120B (criminal conspiracy) and 201 (destruction of evidence) of IPC, besides taking gratification by corrupt or illegal means to influence public servant under Prevention of Corruption Act (PC Act).

The others have been accused of criminal conspiracy, cheating, forgery and destruction of evidence under the IPC and provisions of the PC Act.

The court had on November 9 asked the Delhi Police to file a supplementary charge sheet in the case.

The police in its 701-page charge sheet filed on July 14 had claimed that money recovered from Chandrashekar was sent by Dhinakaran through unaccounted channels with the help of other accused persons.

Chandrashekhar, who was arrested on April 16 this year, was named in the charge sheet for alleged offences of forgery of valuable security, forgery for the purpose of cheating, making a false document and criminal conspiracy under the IPC and provisions of Prevention of Corruption Act.

Dhinakaran, accused of trying to bribe EC officials to get the “two leaves” poll symbol for the AIADMK faction led by V K Sasikala, was arrested on April 25 and was granted bail on June 1.

The police had accused Chandrashekhar, Dhinakaran and others of hatching a criminal conspiracy to bribe the Election Commission officials.

( Source – PTI )

2 murder accused walk free as lone witness not traceable

2 murder accused walk free as lone witness not traceable
2 murder accused walk free as lone witness not traceable

Two men, accused of brutally killing a person on the roof of a temple here, have been acquitted by a Delhi court after the police failed to bring the lone eyewitness before it.

Special Judge Narinder Kumar absolved the two accused of the offence of murder under the IPC and said the prosecution could not secure the presence of the 16-year-old eyewitness on whose statement the case was registered.

“Despite efforts, prosecution could not secure presence of prosecution witness…Fresh process was issued and directed to be served. However, the inspector also could not get the process served because of non traceability of the witness,” the judge said.

The court noted the police’s submission that the witness was a vagabond and hence summons could not be served upon him.

“As a result, when court finds that prosecution has not been able to substantiate accusation levelled against the accused, both the accused persons are acquitted of the charge framed against them,” the judge said.

According to the prosecution, the victim was found dead on the roof of a temple near New Delhi Railway Station on January 21 this year.

The police lodge a murder case after the eyewitness, a teenager, told them that he saw the accused kill the man with a stone and a knife on the roof of the Gauri Shankar temple here.

It was alleged that the accused were arrested and the weapons used in committing the offence were also recovered.

The post-mortem report, too, confirmed that stone caused his death, the court noted.

However, as the only eyewitness could not be produced, the court did not consider other witnesses and evidences and acquitted the accused of the charges.

( Source – PTI )

Delhi HC pulls up police for not acting on complaints by poor people

Delhi HC pulls up police for not acting on complaints by poor people
Delhi HC pulls up police for not acting on complaints by poor people

The Delhi High Court has rapped the city police for not taking appropriate action on a complaint filed by a man whose wife had gone missing, saying it was “very regretful” that the grievances of “poor people” go unheeded.

A bench of justices Vipin Sanghi and P S Teji ordered the Delhi police commissioner to initiate disciplinary action against erring police officials, including the then SHO of the police station concern.

The bench was critical of the approach of the Delhi Police in dealing with complaints filed by “poor people”.

“It is very regretful to state that a common man on the street has no voice, and very often complaints made by poor people such as the petitioner, who serves as a private guard earning a paltry amount of Rs 8,000 or 9,000 per month, go unheeded.

“Had the police acted swiftly on the petitioner’s complaint in the present case, may be the situation would have been different,” it said.

The bench observed that the man and his wife have a son, who is now five, and he was left without the love, care and attention which he is entitled to, of his mother.

“It is squarely the lapse on the part of the police, which is responsible for the present state of affairs in the present case,” it added.

The court in its order noted that the report filed by the police stating that the matter, which had been sent to senior officers for taking action, amounts to lip service only.

It said the then station house officer of the Safdarjung Enclave police station was trying to protect the erring police officers.

It directed the police commissioner to take steps to sensitise the force to be more responsive to complaints received from the public, and not trash them without taking action merely because the complainant is “not a man of means, or has no social standing or connections”.

The court made the observations during a hearing on a plea by a Delhi resident, who works as a private guard, and has lodged a missing person’s report at the Safdarjung Enclave Police Station in August 2016.

He even gave the complete particulars of the person with whom he thought his wife had gone, including his name and mobile number.

“Despite the said complaint being lodged, no steps were taken by the Delhi Police to locate the missing wife. It was only after the court directed the cops to take action and file a status report that the missing wife was located,” the bench noted.

It later found that she had started living with another man out of her own will and had also converted to Islam. She also revealed to the court that she had performed ‘nikaah’ and was pregnant.

“The wife stated that she wanted to continue living with the man with whom she had eloped,” the bench noted and said that under the circumstances, no further orders were required to be passed as far as the present writ petition is concerned.

The petitioner stated he would take steps to seek a decree of divorce.

( Source – PTI )

Delhi HC pulls up police for not acting on complaints by poor people

Delhi HC pulls up police for not acting on complaints by poor people
Delhi HC pulls up police for not acting on complaints by poor people

The Delhi High Court has rapped the city police for not taking appropriate action on a complaint filed by a man whose wife had gone missing, saying it was “very regretful” that the grievances of “poor people” go unheeded.

A bench of justices Vipin Sanghi and P S Teji ordered the Delhi police commissioner to initiate disciplinary action against erring police officials, including the then SHO of the police station concern.

The bench was critical of the approach of the Delhi Police in dealing with complaints filed by “poor people”.

“It is very regretful to state that a common man on the street has no voice, and very often complaints made by poor people such as the petitioner, who serves as a private guard earning a paltry amount of Rs 8,000 or 9,000 per month, go unheeded.

“Had the police acted swiftly on the petitioner’s complaint in the present case, may be the situation would have been different,” it said.

The bench observed that the man and his wife have a son, who is now five, and he was left without the love, care and attention which he is entitled to, of his mother.

“It is squarely the lapse on the part of the police, which is responsible for the present state of affairs in the present case,” it added.

The court in its order noted that the report filed by the police stating that the matter, which had been sent to senior officers for taking action, amounts to lip service only.

It said the then station house officer of the Safdarjung Enclave police station was trying to protect the erring police officers.

It directed the police commissioner to take steps to sensitise the force to be more responsive to complaints received from the public, and not trash them without taking action merely because the complainant is “not a man of means, or has no social standing or connections”.

The court made the observations during a hearing on a plea by a Delhi resident, who works as a private guard, and has lodged a missing person’s report at the Safdarjung Enclave Police Station in August 2016.

He even gave the complete particulars of the person with whom he thought his wife had gone, including his name and mobile number.

“Despite the said complaint being lodged, no steps were taken by the Delhi Police to locate the missing wife. It was only after the court directed the cops to take action and file a status report that the missing wife was located,” the bench noted.

It later found that she had started living with another man out of her own will and had also converted to Islam. She also revealed to the court that she had performed ‘nikaah’ and was pregnant.

“The wife stated that she wanted to continue living with the man with whom she had eloped,” the bench noted and said that under the circumstances, no further orders were required to be passed as far as the present writ petition is concerned.

The petitioner stated he would take steps to seek a decree of divorce.

( Source – PTI )

Order police to inform child victims, family of their cases: HC

Order police to inform child victims, family of their cases: HC
Order police to inform child victims, family of their cases: HC

The police today told the Delhi High Court that it has issued a circular directing its officers investigating child abuse cases to keep the victims and their family members informed about all developments in their respective matters.

A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar was also informed that they have directed the investigation officers to make a specific request to the court to reflect the presence of the complainant/victim, parent or guardian of the victim during the proceedings.

“All the investigating officer/enquiry officers shall inform the complainant/parents or guardian of a child victim in cases of rape/dowry/POCSO Act etc. through any possible means of communication about listing of bail matter in order to facilitate them to put their version before the court and enable the court to pass an informed order,” police’s counsel Sanjoy Ghose said while reading out the circular.

The police response came on a PIL by families of child victims of sexual assault, alleging that they were not being informed about the accused walking out on bail despite the law mandating that such information should be conveyed.

The plea, moved by the mothers of two victims of sexual abuse, claimed that under the Protection of Children From Sexual Offences (POCSO) Act and Rules, the Special Juvenile Police Unit (SJPU) or the local police “must keep the child or the parent or the guardian, as the case may be, informed about the developments in the case”.

The women alleged that in the cases pertaining to their children, the provisions of the POCSO Act and Rules were not followed by the authorities as they were not informed when the accused persons had moved bail pleas or when they had been granted the relief.

The victims’ families came to know that the accused persons were out on bail much later, the petition filed through advocate Gautam Khazanchi said.

The Delhi police counsel disputed the facts and sought dismissal of their PIL on the ground that they have been “effectively and efficiently implementing the mandates of the POCSO Act and Rules.”

Ghose also said the police was working tirelessly to ensure that the interest of all child victims under the POCSO Act were adequately protected and safeguarded.

The petitioners sought directions to the authorities “to ensure effective implementation of the mandate of POCSO Act and Rules.”

They also urged the high court to direct the trial courts “to secure efficient and effective participation of the child victims through their legal representatives at all stages of the judicial process.

( Source – PTI )

Absence of CCTVs in Delhi police stations worries HC

Absence of CCTVs in Delhi police stations worries HC
Absence of CCTVs in Delhi police stations worries HC

The alleged absence of 100 per cent CCTV coverage at different police stations of the city, today prompted the Delhi High Court to ask the AAP government why close circuit televisions have not been installed so far.

A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar observed that there was an order to install CCTVs at all police stations.

“You (Delhi government) have not installed CCTVs since 2012-13. We (another bench of high court) ordered installation of CCTVs. There are lot of allegations against you (police).

… There should be recording facilities for CCTV footage also. Five years is long enough to do this,” the bench noted.

Delhi government’s additional standing counsel Sanjoy Ghose said “it will be done.”

The bench, however, transferred the matter before a bench which is already hearing a public interest litigation (PIL) initiated by the high court on the issue of women’s safety after the December 16, 2012 gangrape of a young woman in a moving bus in the national capital.

The petitioner has alleged that there have been several deaths inside police stations in the city this year and the presence of functional CCTVs could act as a deterrent.

At an earlier hearing of the PIL, the court had ordered installation of CCTVs at police stations and vulnerable areas of the city.

The bench listed the hearing on the PIL on December 11.

One aspect being considered by the other bench is the installation of CCTV cameras at all police stations and ‘chowkis’ (posts) in the capital city.

Social activist Ajay Gautam has claimed that even the CCTV cameras installed at a few police stations were obsolete as they did not have the recording feature.

Seeking direction to the authorities to put 192 police stations and 42 ‘chowkis’ completely under CCTV surveillance with recording facilities, the plea said that these recordings should be saved for three months.

Gautam contended that CCTVs were required in the police stations “to ensure transparency” in their functioning.

He alleged that the conduct of the police on the issue highlights its “unplanned and casual approach”, apart from “wastage of public money” by installing CCTVs without the recording feature.

( Source – PTI )

Court raps Delhi Police for ‘tawdry’ probe in murder case

Court raps Delhi Police for 'tawdry' probe in murder case
Court raps Delhi Police for ‘tawdry’ probe in murder case

A city court has rapped the Delhi Police for shoddy probe in a murder case saying it was “sad” that those responsible for the gruesome killing of a young boy were going unpunished.

The court made the sharp observation while acquitting two persons accused of slitting the throat of a 20-year-old boy, noting that the testimony of the lone witness, who had claimed to have seen the accused, was made five months after the alleged incident.

It said the statements, recovery of weapon and other chain of circumstances could not be established and the motive of the accused was also absent.

“Prosecution has failed to establish not just complete chain of circumstances, even the circumstances tried to be established could not be cogently and firmly established.

“It is indeed sad that such a gruesome murder of a young boy is going unpunished on account of such a tawdry investigation. But the courts have to be phlegm to emotions while deciding whether prosecution has been able to walk the distance between ‘may be true’ and ‘must be true’,”

District and Sessions Judge Girish Kathpalia said.

“In the present case, there is not even a whisper of evidence related to motive ascribed to the accused persons to kill the victim,” the judge said.

The court observed that the arrest was based on the statement of a man, a solitary witness, recorded five months after the alleged incident of January 14, 2013.

It noted that the witness had claimed to have seen the accused with the victim at the Peer Baba dargah in south Delhi, but failed to identify them before the court.

“Examination of… (witness) by the Investigating Officer months after the incident creates reasonable doubt about genuineness of this witness,” the court said.

According to the prosecution, on January 14, 2013 the police had received information that a 20-year-old boy was lying dead with his throat slit at the dargah in Jaitpur. His body was identified by his father.

Five months later, a man told the police that he had seen the victim with three boys at the dargah, the police said, adding when the victim asked the boys not to consume alcohol at a pious place, they misbehaved with him and killed him.

Based on this, two persons and a juvenile were arrested for the offences of murder and criminal conspiracy under IPC.

The accused juvenile was, however, acquitted by a Juvenile Justice Board.

During the trial, the accused denied the allegations and claimed they were falsely implicated and illegally questioned.

The court, while pointing out the loopholes in police’s version, said that as per the prosecution case, he was last seen by the sole witness at 10 pm on January 13, 2013 but as per post-mortem report, his death occurred at about 3.45 pm, “which goes totally contrary to the entire prosecution case.”

Regarding the recovery of the knife which was allegedly used to slit the victim’s throat from two feet under the ground, the court said “One wonders why after committing murder, the accused would dig soil by about 2 feet, put the knife there and cover the ground instead of conveniently throwing it away in the the drain flowing near the spot.

( Source – PTI )

Sunanda Pushkar: Police told de-seal hotel suite by Oct 16

Sunanda Pushkar: Police told de-seal hotel suite by Oct 16
Sunanda Pushkar: Police told de-seal hotel suite by Oct 16

A Delhi court today granted six days to the city police to comply with its earlier order to de-seal a five-star hotel suite where Congress leader Shashi Tharoor’s wife Sunanda Pushkar was found dead in 2014.

Metropolitan Magistrate Dharmender Singh granted time till October 16 to the police after an Additional Delhi Commissioner Police submitted that the reports from forensic laboratory were likely to come in a couple of days.

The court had earlier rapped the police for not complying with its order to de-seal the suite.

While the South Delhi hotel has been urging the court to direct the police to de-seal the room which was sealed for investigation soon after Pushkar was found dead on the night of January 17, 2014, the court has also been directing the police to do so on quite a few occasions.

Hours after Pushkar was found dead, the suite was sealed for investigation. An FIR was registered by Delhi police on January 1, 2015 against unknown persons under IPC section 302 (murder).

The police was on September 12 directed to de-seal the suite and allowed the police to take all articles from the room required for its probe, besides filing a compliance report by today. In this order, the court had noted that a huge financial loss has already been caused to the hotel.

On September 4 too, the court had taken the police to task for its “lethargic attitude” in its probe into the case and summoned the DCP to explain why more time should be granted for de-sealing the suite.

Similarly on August 19, the court had pulled up the agency for delaying the de-sealing of the room and referred to a court order passed on July 21 asking it to do so within four weeks from then.

( Source – PTI )