Chaini Parwani –
Published On: November 09, 2021 at 21:03 IST
The Delhi High Court observed that the Law does not permit people to be beaten up in Police Custody or during the probe, as the punishment for a Criminal Act is to be decided by a Court of Law.
Justice Najmi Waziri while hearing the Petition by two men who were allegedly illegally detained and beaten up by Delhi Police officials stated “One can never be too vigilant about the Rights of Citizens being violated or any callousness or over-reaction by Law enforcers which may lead to an unfortunate incident or tragedy. Let no one have to repeat the tragic last words like George Perry Floyd, Jr.: ‘I can’t Breathe’.”
Further, the Petitioners claimed that the first instance inquiry was conducted by the Inspector (vigilance) and the issue was shut as if nothing significant or actionable happened.
Hence they sought an inquiry by a Senior Police Officer into the incident.
Justice Najmi Waziri, who investigated the photographs of the incident, stated that the Assault by the Police on the Petitioners is brutal and the Law does not permit the same.
Further Justice Najmi Waziri highlighted that punishment for an Assault or a criminal act is to be determined by a Court of Law and that the Police cannot be a Judge in its own cause.
Furthermore, the High Court while disposing of the Petitions demanded an inquiry be conducted by the deputy commissioner of Police (vigilance) and that the Pleas shall be considered as representation to the Police.
Advocate M. Sufian Siddiqui, representing the Petitioners, alleged that any form of Torture, Cruel or inhuman or degrading treatment would fall within Article 21 of the Constitution whether it occurs during investigation, interrogation, or otherwise, and tantamount to a brazen attack on the very edifice of rule of law.
The Court further after perusal of the CCTV Footage’s stated that a new inquiry should be warranted as ex facie it was seen that the two men were being “Assaulted repeatedly by a posse of policemen who were in uniform and in civilian attire.”
Click Here to Read/Download the Order
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