‘Unreasonable’: Delhi court sets aside magistrate’s directions regarding police negligence

PTI, Sep 8, 2024, 8:12 PM IST

New Delhi: A court here has set aside the order of a magisterial court where it made certain observations regarding the negligence of Delhi Police officials in an incident of an accused escaping from police custody and asked the city police commissioner to inquire into the matter.

The court said that the observations and directions of the magistrate were liable to be quashed as they were “hasty and unreasonable”.

Additional Sessions Judge Vishal Singh was hearing a revision petition by the station house officer (SHO) of Lodhi Colony police station against the orders of a magisterial court dated May 6 and May 17.

The public prosecutor told the court that the circumstances in which accused Ahmed Salman alias Raja escaped from Lodhi Colony police station on May 4 were being probed through a departmental inquiry by the assistant commissioner of police (ACP), Sangam Vihar.

He said after the accused escaped an FIR was registered, as per which, Raja got his handcuffs removed on the pretext of going to the washroom, and while washing his face, he pushed a head constable and jumped out of a window.

Raja was arrested within 48 hours but on May 6, the magistrate passed “hasty remarks” regarding negligence or misconduct on the part of police officials concerned and made a prima facie observation that police officials could be involved in his escape, the prosecutor said.

In its subsequent order, the magistrate also requested the city police commissioner to appoint an officer to conduct inquiry and file a report on whether Raja was intentionally aided in escape from custody, the prosecutor added.

“The prima facie observation of the magistrate could potentially prejudice the opinion of the inquiry officer against the police officials concerned who were assigned the duty to keep the accused in police custody.

“The FIR was promptly registered and the accused swiftly re-arrested after escape. The incident of escape is under inquiry by a responsible police officer, which requires no special supervision by the court,” the prosecutor said.

In an order passed on September 2, the court said, “Indeed, the metropolitan magistrate need not have passed observations regarding the conduct of the officials of Lodhi Colony police station in haste through orders dated May 6 and May 17 as, firstly, there was no material to support such observation, secondly, as it could adversely impact police morale and has a bearing on their professional career, and thirdly, observation of the court can have a bearing on the opinion of the inquiry officer.” It said that as the accused was swiftly rearrested on May 6, the magisterial court had unnecessarily pushed the matter through its order passed on May 17.

“The incident of escape being inquired by a responsible police officer, continuous judicial supervision during the continuation of inquiry is neither desirable nor legally sanctioned. The impugned orders dated May 6 and May 17 are hasty and unreasonable, and are, therefore, set aside,” the court said disposing of the plea.