THE LAW DOES NOT PERMIT TO BEAT UP PEOPLE IN POLICE CUSTODY - DELHI HC

Justice Najmi Waziri of the Delhi High Court, while ordering a fresh inquiry into a case of police brutality against two civilians, said that the law does not permit police to beat up people in police custody or during interrogation. "Punishment for any criminal act will be determined by the Court of law. The police cannot be the ones to judge the crime. The assault by the police on the Petitioner is questionable. One can never be any callousness or overreaction by law enforcers that may lead to an unfortunate incident. Let no one have to repeat the tragic last words like George Perry Floyd, Jr. "I can't breathe."

The Petitioner approached the Delhi HC claiming that on January 25th, 2021, he and his associate were inhumanly beaten by the Delhi Police. He filed a complaint before the Commissioner of Police; however, no inquiry has been taken. He also brought some pictures taken by a CCTV camera which clearly show two men mercilessly assaulted repeatedly by policemen who are in uniform. He further submitted that the Inspector of Vigilance conducted an initial l inquiry, but the matter was closed. 

The Additional Solicitor General representing the State of NCT Delhi argued that before the incident was captured on CCTV, a quarrel occurred between the two private parties outside the police station. The police intervened to break up the two before it turned into something serious.

The Court said that it was clear from the footage that assault took place as soon as they entered the premises, and the two civilians were not violent when they walked into the police station. In light of the above, Justice Najmi Waziri ordered a fresh inquiry into the matter by the Deputy Commissioner of Police (Vigilance) and directed the petition to be treated as representation to the police. 

Author: Papiha Ghoshal