The Delhi High Court in the case concerning the 2020 North East Delhi riots observed and has pulled up the Delhi Police and the special public prosecutor for their ‘‘Insensitive Approach’ in failing in order to file on time a calendar of evidence and also the supplementary chargesheet in the matter.
The bench headed by Additional Sessions Judge Pulastya Pramachala of Karkardooma in the case observed and has granted the last opportunity to the prosecution for complying with its directions in order to filed the documents and to adjourn the matter to July 15 subject to cost for an amount of Rs. 2000 is to be paid to each accused by the prosecution in the case.
The court in the case stated that this is again the disturbing scenario that whether the said case is being delayed on account of the insensitive approach of representatives of the prosecution. Therefore, weather the calendar of evidence is to be prepared by IO solely or it is to be prepared by ld. Special PP along with IO, thus, it is something between them and it is not for the interference by this court. The prosecution in the case cannot get absolved of its responsibility by passing bucks on each other.
In the present case, the FIR 98 of 2020 was being registered in Dayalpur police station under section 147, section 148, section 149, section 380, section 454, section 427, section 436 and section 120B of the Indian Penal Code, 1860.
Therefore, the accused in the FIR are being enlarged on bail in the case. Thus, the accused in the case are namely, Shah Alam, Irfan, Habib Ahmed, Rashid Saifi, Mohd. Shadan and Azhar, Salim.
It has also been directed by the court on March 20, 2023 that the prosecution to file a calendar of evidence with specific particulars and as per the request made by the prosecution, the time was also given by the court to file supplementary chargesheet.
Further, the judge in the case stated that neither the neither supplementary chargesheet and nor the calendar of evidence was filed by the prosecution. It has also been submitted by the Special Public Prosecutor appearing that no one from the Delhi Police had contacted him for the purpose of preparing the documents and that he in the case has informed the concerned SHO and IO. Adding to it, the court stated that it would be the last opportunity to comply with these directions, wherein imposing the cost of Rs.2000/- which is to be paid to each accused by the prosecution. Therefore, the Copy of order needs to be sent to ld. Commissioner of Police in order to strictly compliance with the directions of the court and to ensure the payment of cost by next date of hearing.
Accordingly, the court adjourned the case.
