A Delhi court has issued a contempt notice to the police commissioner of the city for deliberately not complying with orders in a case of alleged gangrape of a woman, PTI reported on Saturday.
The notice was issued on August 31 while the court was hearing a bail plea filed by an accused person in the case.
Additional Sessions Judge Sandeep Yadav noted that a first information report was registered at the city’s Sangam Vihar police station 36 days after the woman filed a complaint, PTI reported. The judge also observed that the police commissioner had not complied with three court orders passed on August 17, August 24 and August 29.
“Notice be issued to the Commissioner of Police, Delhi, to show cause as to why contempt proceedings be not initiated against him for non-compliance of orders,” Judge Yadav said.
At an earlier hearing, the court had noted that the complainant was treated as an accused person by the police officials and was “made to run from pillar to post”.
On August 8, the court had directed the deputy commissioner of police (South) to carry out a fair and impartial investigation in the matter and submit a response, PTI reported.
At the August 17 hearing, the court noted lapses in the inquiry. It said that the complainant had not been called by the police officials for questioning. The judge observed that the reply filed by the DCP (South) was “nothing but an eyewash to cover the lapses on part of the delinquent police officers concerned”.
The court then directed the police commissioner to conduct an inquiry into the matter.
On August 24, the DCP (South) told the court that the police commissioner had asked for more time to file a response. The court then ordered the commissioner to expedite the inquiry and file a reply on the August 29, the next date of hearing, PTI reported.
However, on the next day the judge noted that the report submitted to him had the words “for commissioner of police” below the signature of the DCP (South). On being asked about it, the court was informed that according to an administrative noting, the DCP (South) was authorised to file a response on behalf of the commissioner.
The judge then gave directions to produce the administrative noting before to the court on August 31. The DCP (South) submitted a reply to this, stating that the report was filed in compliance with a standing order from the commissioner’s office, PTI reported.
According to this order, the official said, that when a court seeks a reply from the commissioner in matters involving one unit or a district, its head can submit a response or an affidavit under his signature.
The judge took objection to the official submitting the standing order instead of the administrative noting. The judge said that the standing order from the commissioner cannot supercede a court order, PTI reported.
Judge Yadav said that he had not asked for a reply or an affidavit from the commissioner, but had directed him to conduct an inquiry into the lapses in the investigation.
The judge then issued a notice to the DCP (South) as well.
He noted that the developments displayed a “sordid and pathetic affair in the administration of the Delhi Police” and that the matter needed to be brought to the attention of the Union home ministry, PTI reported.
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