The court declares Zarnigar Fatima's plea for an independent inquiry officer as infructuous following the completion of the investigation.
In a recent development, the Delhi High Court dismissed the writ petition filed by Zarnigar Fatima against the Commissioner of Police, Delhi, seeking the transfer of an ongoing inquiry to a senior police officer due to alleged bias. The court's decision came after it was informed that the inquiry had already been completed and the matter transmitted to the competent authority for a final decision.
The case, presided over by Justice Girish Kathpalia, centered on Fatima's apprehension of bias in the inquiry conducted by Additional DCP Sandeep Lamba. The petitioner had requested the court to appoint an officer of Deputy Commissioner of Police rank or above, who had no previous association with the case, to ensure an impartial investigation. Fatima's concerns arose from reports suggesting alleged misconduct by the current inquiry officer during a recent public demonstration.
The petition sought several directives, including the withdrawal of the inquiry from the current officer, the appointment of a new officer, and the transmission of all relevant inquiry records to the new officer. The petitioner emphasized the need for an independent and comprehensive review of her allegations, which included unlawful detention and the examination of CCTV footage and other evidence.
However, the State's Additional Standing Counsel informed the court that the inquiry had concluded, and the petitioner's statement had been recorded. The matter had been passed on to the competent authority for a final decision, which would be communicated to Fatima in due course.
Given these developments, the court deemed the petition infructuous and dismissed it, along with the accompanying application. This decision underscores the judiciary's stance that once an inquiry has reached its conclusion, any pending petitions seeking changes in its conduct become redundant.
Bottom Line:
Writ petition dismissed as infructuous due to completion of inquiry and transmission of the issue to the competent authority for a final decision.
Statutory provision(s): Criminal Procedure Code, 1973 Section 482
Zarnigar Fatima v. Commissioner of Police, Delhi, (Delhi) : Law Finder Doc id # 2949482
