The Delhi High Court Monday directed the police to file a copy of an order passed by a senior officer of the probe agency to its team, which has been challenged by the families of two victims who were allegedly killed during the Delhi riots this year.
Justice Suresh Kumar Kait, who was hearing the matter through video conferencing, said no action can be taken based on a news report, on which the petition was filed, unless some authenticity to the claims is provided.
The high court was hearing a petition filed by Sahil Parvez, whose father was shot dead allegedly by communal rioters near his home, and Mohd Saeed Salmani, whose elderly mother was allegedly lynched in her house by rioters, seeking quashing of a July 8 order issued by Special Commissioner of Delhi Police (Crime and Economic Offences Wing).
Advocate Mehmood Pracha, representing the petitioners, sought direction to the police to produce the July 8 order of Special CP Praveer Ranjan and other such orders issued by the authorities, which amounts to an unlawful and illegal interference in the performance of investigative functions by police officers.
"Clearly under pressure from these efforts, respondent no.4 (Special CP) issued an order dated July 8 observing that there was a degree of resentment in the Hindu community against the arrest of certain Hindu persons, and directing investigating officers that they should be careful in the future when making arrests, and that arrests of persons should be made only after discussion of the evidence with special public prosecutors who have been illegally appointed to represent the police in these cases," the plea claimed.
It also sought quashing of these alleged illegal orders so that investigation is conducted only as per the mandate of law, free from all undue and unlawful influence.
The high court, however, remarked that instead of filing this petition, the petitioners could have taken the July 8 letter through RTI and they should first go through the document.
"The counsel representing Delhi Police seek time to place on record July 8 order. Let needful be done within two days with an advance copy to the other side," Justice Kait said.
As per the news report, the senior police officer's order said that "community representatives are alleging that these arrests are made without any evidence and are even insinuating that such arrests are being made for some personal reasons."
It claimed that the order stated that "Due care and precaution be taken while arresting any person. All evidences including direct and technical evidences be properly analysed and that all the arrests are backed by sufficient evidence be ensured. No arbitrary arrest should be made in any case and all evidences must be discussed with Special PPs (public prosecutors) assigned for each case."
The order added "Supervisory officers ACPs/DCPs, SIT & Additional CP/Crime (Headquarters) may guide the IOs (investigating officers) suitably."
The petition has also sought direction to the authorities to produce the documents relating to the appointments of all special prosecutors, to deal with the Delhi riots cases, as referred by the Special CP in its order.
It sought direction to the senior officer to show the authority under which the order was issued by him.
The petition has arrayed Centre, Delhi government, Delhi Police Commissioner, its Special CP, Deputy Commissioner of Police (North East) and Station House Officers of Police Stations Jafrabad and Bhajanpura in North East Delhi.
Communal clashes had broken out in northeast Delhi on February 24 after violence between citizenship law supporters and protesters spiralled out of control, leaving at least 53 people dead and around 200 injured.