Delhi High Court Asks MHA To Inquire Into Incident Of Violence At Detention Centre After Agencies Pass Buck On CCTV Footage
The Delhi High Court has asked the Union Ministry of Home Affairs (MHA) to conduct an inquiry or investigation in an incident alleging violence in a detention centre by the detainees, after the agencies, including the Delhi Police, passed buck on manning the CCTV which captured the occurrence. This was after Justice Girish Kathpalia had asked the prosecution to make submissions to rule out...
The Delhi High Court has asked the Union Ministry of Home Affairs (MHA) to conduct an inquiry or investigation in an incident alleging violence in a detention centre by the detainees, after the agencies, including the Delhi Police, passed buck on manning the CCTV which captured the occurrence.
This was after Justice Girish Kathpalia had asked the prosecution to make submissions to rule out the possibility that the incident was fabricated to help the detenues in not being deported to the countries of their origin.
“It is quite surprising that footage of the CCTV cameras installed at the detention centre, namely Seva Sadan, Lampur, is being withheld from the investigator. The Department of Social Welfare alleges that the CCTV is manned by CRPF; but CRPF alleges that CCTV is manned by FRRO; but the FRRO alleges that the CCTV is manned by the Department of Social Welfare,” the Court said.
Justice Kathpalia was dealing with the bail pleas filed by two foreign nationals accused of causing injury to one guard by twisting his arm during the violence.
It was alleged that out of nine detenues, two were apprehended on the spot while seven fled and out of them, six were apprehended while one was absconding.
The Court noted that despite repeated adjournments, the prosecution was not able to show legally admissible visual evidence in the form of CCTV footage of the alleged incident.
Granting bail to both the accused, the Court said that they be sent back to the detention centre since neither of them had a valid passport and visa.
The APP submitted l that the Delhi Government's Chief Secretary or the Secretary of Ministry of Home Affairs would be the competent authorities to carry out the necessary inquiries or investigation in the matter.
Accordingly, the Court ordered thus:
“Therefore, copy of this order be sent to the Secretary, Ministry of Home Affairs, Government of India to carry out appropriate inquiry and, if necessary, investigation in accordance with law.”
Title: NNAMDI EZENECHE v. STATE OF NCT OF DELHI
Citation: 2025 LiveLaw (Del) 892