'Scant Regard For Liberty': High Court Raps Delhi Police Over Non-Appearance Of IOs, Calls For 'Serious Efforts' To Streamline System

The Delhi High Court has rapped the Delhi Police over non-appearance and unpreparedness of its investigating officers, calling it “scant regard for liberty” in their eyes.

While dealing with an anticipatory bail plea filed in a cheating case, Justice Girish Kathpalia expressed shocked over the fact that despite repeated directions, neither the IO nor the SHO had appeared.

While the Sub Inspector was present in Court, the APP expressed inability after the judge asked about the investigation file. The prosecutor told Court that the file was not brought.

Noting that the Sub Inspector had appeared but without the investigation file, the Court said:

“This in itself shows the scant regard for liberty in the eyes of the concerned IO and SHO. It could also entail grant of anticipatory bail because the police does not seem interested in opposing the same.”

The Court said that earlier, the Investigating Officers used to brief the prosecutors in the evening before the hearing or at least early morning on the date of hearing.

“Now it is being noticed that, what to say of briefing the prosecutor in evening before the hearing or early morning, the investigators either would not appear or would brief the prosecutor only after hearing has commenced,” the Court said.

It added: “Copy of this order be sent to the concerned DCP with the expectation that some serious efforts would be done to streamline the system.”

Justice Kathpalia said that despite such conduct on the part of police, an appropriate opportunity be granted to the prosecution to file a formal status report.

The Court directed the State to file its response to the bail plea within four weeks and ordered that till the next date of hearing, the accused shall not be arrested, though he shall join the investigation as and when directed in writing by the IO.

The FIR was registered in 2020 for the offences punishable under Sections 420, 468, 471 and 120B of the Indian Penal Code, 1860.

It was alleged that the accused had forged the documents of sale of immoveable property and the notarisation on some of the sale documents was found fake.

The matter will now be heard on August 28.

Title: SHANKAR v. GOVERNMENT OF NCT OF DELHI & ANR

Click here to read order