Rohini court session’s Judge ordered for disciplinary action and enquired about the callous and cavalier investigation of police officials in a murder case upon which the Delhi Police Deputy commissioner of police (Northwest) took disciplinary action against five inspectors after an enquiry due to lapse in the investigation in a murder case.
In August 2018, what police suspect to be a gang war, a 46-year-old property dealer, allegedly associated with the Gogi gang, was shot dead by unidentified men in northwest Delhi’s Ashok Vihar. After the arrest of accused persons, the charge sheet was submitted in Rohini court and the matter is at the stage of charge arguments from the last three years. The defense counsel Advocate Ravi Drall for accused Narender alias Yudhveer and Sachin Mann argued before the Sessions court that the accused persons have been arrested upon the suspicion and there is no evidence on record to prove the fact that the alleged murder was committed by the accused persons. It was further argued that if there was any conspiracy in regard to the alleged crime there shall be any evidence but the investigating agency failed to collect any CDR of any of the accused persons in order to prove their whereabouts on the alleged day of the incident. Further, the case is on charge arguments for the last two years but no ballistic report has been submitted so far.
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A police officer, just like any civilian, can be punished for breaking the law or can be brought up on disciplinary action for failure to perform his duty or an abuse of power.
If an officer breaks the law or commits a crime then he can be arrested, brought before the courts and tried just like anyone else.
If it is reported (by a citizen or peer) that he has been rude, behaved badly, abused his power or failed to do his duty, then a senior officers can punish him by giving him a warning, cutting his pay, reducing his rank, suspending him or transferring him.
If a very serious allegation is made and found to be true against a police officer, he can be discharged of his duty and removed from the force.
In the case of
Vineet Narian v. Union of India4
the Supreme Court noted the urgent need for implementation of
these reforms, following which the Ribeiro Committee submitted two reports, in 1998 and 1999,
the Central Government appointed Padmanabhaiah Committee Report in 2000 and Malimath
Committee Report in 2002. All of these reports culminated in the Prakash Singh v. Union of
judgment of the Supreme Court. The judgment broadly deals with three aspects of police
organisation- autonomy, accountability and efficiency.6
The Supreme Court gave detailed
directions which are to be followed by the Centre and State Governments until legislations in this
regard are enacted.7
The directions include :- (1) each State Government must constitute a State
Security Commission to ensure that police are protected from illegitimate political interference.
(2) fixing the selection and minimum tenure of Chief of Police (DGP); (3) minimum tenure of
other police officers including Inspector General of Police (IGP), Deputy IGP, Supreintendents
of Police in-charge of districts and Station Officers; (4) separation of investigation function from
‘law and order’ functions; (5) setting up a Police Complaints Authority; (6) setting up a National
Security Commission; (7) setting up a Police Establishment Board which will decide issues
concerning transfers, postings, promotions and other service related matters of officers below
rank of Deputy Superintendent of Police. Given the scope of this memorandum, we shall limit
our discussion to the Police Complaints Authority.