By Vineet Malik | December 20, 2021 | London, England
Police Officer of SHO rank face Judge’s Ire for delaying two criminal matters pending in a trial court
Additional Sessions Judge (ASJ) Dharmender Rana posted at Patiala House Court in New Delhi literally stripped off three stars of Sube Singh for not filing the Supplementary Charge Sheet despite lapse of two years and repeatedly failed to appear in-person to apprise the Court about inordinate delay in two criminal matters.
First Case
In 2019, Sagarpur Police Station in South West Delhi registered a First Information Report (FIR) against Ramesh, Sunil and Rahul for allegedly committing theft and murder of Monu.
The order says, “The accused happens to be a repeat offender. The case was registered by the Police on the basis of incident captured in Close-circuit Television (CCTV) footage.
While, the matter was argued in the Court to seek bail for the accused, the Judge dismissed the plea by placing reliance on the core principles of granting bail vide a landmark judgment ruled by the Supreme Court of India.
Considering the seriousness of allegations and enormity of charge, I am of the considered opinion that the accused does not deserve to be released on bail. The instant bail application stands dismissed.”
Thereafter, the Judge issued bailable warrant against the SHO in the sum of INR1500/£15 with two sureties of like amount to be executed through the Deputy Commissioner of Police (DCP), South West District, Gaurav Sharma, IPS returnable by 28 February next year.
Second Case
Another criminal matter registered at the same Police Station in 2019 and being proceeded before the same Judge came to light when a similar trend was noticed.
The matter was held back since last several dates as Forensic Science Laboratory Report (FSL)/Supplementary Challan was not submitted by the Police.
The Judge took a similar stand by issuing BW against the SHO and decided to proceed the matter for next date of hearing, parallel to the first one.
Additional Sessions Judge with a temperament of “Not only Justice be done, it must also be seen to be done”
Rana happens to be the same Judge who had given reprieve to Climate Activist Disha Ravi in February this year in a Sedition case filed by Delhi Police on the basis of scanty evidence. Delhi Police is directly controlled by the Central Government led by the Prime Minister Narendra Modi.
With deteriorating law and order in India’s capital, police accountability remains to be unaddressed by the justice delivery system.
Pendency of Cases in India
There are more than 44 Million cases pending in all the Courts of India.
According to National Institute for Transforming India (NITI Aayog) Strategy Paper with detailed exposition of forty-one crucial areas that are disaggregated under four sections ; Drivers, Infrastructure, Inclusion and Governance, released on 19 December 2018, "It would take more than 324 years to clear the backlog of pending cases in India."
Commissioner of Delhi Police Rakesh Asthana, IPS was reached out twice by 'The Revelation' to seek explanation on Delhi Police's accountability, however he chose not to respond till date.
Two orders passed by ASJ on December 15, 2021 can be read here.
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