New Delhi, Jul 29 The Delhi High Court on Monday refused to order legal action against Parliament Street police station officials for not providing an acknowledgment of a complaint against several top officers over alleged illegal use of force against protesters during the July 20 protest here.
Lawyer Abhijit Anand told Justice Prateek Jalan that Anand Legal Aid Forum Trust tendered a complaint on July 22 against Police Commissioner Anurag Kumar, Joint Commissioner Madhur Verma, Additional DCP Sandeep Lamba and other Delhi Police and Rapid Action Force personnel, disclosing the commission of cognisable offences.
However, despite waiting a long time, the station house officer (SHO) and the duty officer at the police station did not acknowledge receipt of the complaint, which was contrary to the law, Anand said.
The Delhi Police counsel said there was a temporary technical glitch in the computer system on July 22 and that the acknowledgment along with a DD number would be generated and given to the petitioner during the course of the day.
As the court closed the proceedings on the petition in view of the police's stand, the petitioner's counsel pressed for action against the erring officials.
"They are duty-bound to give the receiving and for one hour I was waiting, legal action should be taken. Legal action against erring officer is not there. Only this constitutional court can do (that). Every information disclosing cognisable offence has to be mentioned in the station diary," he said.
Turning down the request, the court retorted, "Are you interested in pursuing the matter or pursuing the officer? You pursue the matter. Your interest is in securing justice for the people, according to you."
The counsel for the petitioner said that when he went to the Parliament Street police station with his complaint, the official refused to give him a receiving as required by law and refused to register an FIR.
Clarifying that he was not seeking the registration of FIR in the petition, the petitioner's counsel said the SHO was under legal obligation to give him a "receiving" for the complaint he tendered.
"I complained to police helpline number while sitting at the police station and even then they refused. Every information has to be registered in the station diary," the lawyer stated.
In the plea, the petitioner alleged that Delhi Police and RAF committed "attempt to murder" when they used brutal and unprovoked force on unarmed peaceful protesters on July 20, which was a blatant violation of the Police Manual, Section 148 of the Bharatiya Nagarik Suraksha Sanhita, Principle 4 of the National Code of Conduct for Police, and Section 13 of the UN Basic Principles on the Use of Force, etc."
