Magistrate court order for explanation from police chief set aside

A sessions court on Monday set aside a magistrate court order calling an explanation from Delhi’s Commissioner of Police in connection with a matter of north-east Delhi Violence that took place in February last year. Karkardooma’s District and Session Judge Ramesh Kumar decided the application in favour of Delhi police and set aside the impugned order dated 21 October passed by the magistrate court. The sessions court noted that it has already stayed another order dated September 25 of the same magistrate court and henceforth, it held that the directions given by magistrate court in the order, dated on October 21, cannot be termed as non-compliance, which was apparently passed after the stay was granted by this court.

“Perusal of revision file shows that this court, dated October 21, had stayed the operation of the impugned order of September 25. The directions are given by the trial court in the later order of October 21 cannot be termed as non-compliance, which was apparently passed after the stay was granted by this court,” District and Session Judge said.

“Considering the facts and circumstances of the matter and given the fact that the operation of the impugned order of September 25, was stayed by this court. The consequential directions emanating from the impugned order are not warranted,” the judge further said.

The magistrate court on October 21 directed to call for an explanation from Commissioner of Police, Delhi under the signatures through Secretary (Home) Union of India for non-compliance of its earlier September 25 order.

On September 25, the magistrate court had imposed a cost of Rs 5,000 against Delhi Police and directed the Commissioner of Police, Delhi for an enquiry as observing that the investigating officer and prosecutor sought adjournment in a very casual manner.

The magistrate order dated September 25 was challenged by Delhi Police before the Court of District and Session Judge. On 21 October, the judge stayed the magistrate court order dated 25 September noting that the investigating officer and prosecutor sought adjournment in a “very casual manner” and had directed the Police Commissioner to conduct an inquiry. The case was pertaining to FIR registered at Dayalpur Police station in Delhi. At least 53 people lost their lives and hundreds of others were injured in the violence, which erupted groups supporting and opposing the Citizenship Amendment Act (CAA) in the northeast area of the national capital in February last year.