NEW DELHI: In a landmark ruling, the Delhi High Court has emphasised the necessity of registering an FIR whenever a person dies in a police encounter that is suspected to be fake. Justice Neena Bansal Krishna rejected a plea from the Delhi Police contesting a trial court’s directive to register an FIR against a raiding team involved in the 2013 death of Rakesh during an alleged police encounter.
The L-G had previously ordered a magisterial inquiry into the incident, which found no illegal activity by the police team based on witness testimony from the deceased’s father. However, the father subsequently filed an FIR accusing the police of murder, claiming his son was deliberately killed after being beaten and shot at without provocation.
The police maintained that their actions were justified, citing an SDM’s inquiry that supported their claim of self-defense. The SDM reported that the occupants of the car had fired upon the police, prompting the officers to shoot in response. The father of the deceased alleged police murdered his son.
Upholding the trial court’s decision, the Delhi High Court stressed that extra-judicial killings must be independently investigated to ensure justice. The court highlighted discrepancies in the evidence, including the absence of deflated tyres, which suggested that the police’s actions might not align with their claims of self-defense.
It added that registration of FIR is only to facilitate the investigation and it may end in a closure report.
Addressing the police’s argument about the need for prior sanction under Section 197 Cr.P.C. for criminal investigations against public officials, the court clarified that such sanction is not universally required for all acts by public servants. It reaffirmed that FIR registration remains imperative and can be pursued even if sanction is sought later if justified by the circumstances.
“It is held that the law mandates that whenever a person dies in an encounter which is alleged to be fake, the FIR has to be mandatorily registered.
Ld. ASJ has given cogent reasons for upholding the directions to register the FIR, as also given by learned CMM under Section 156(3) Cr.P.C,” the court order read.
Also in court
Renovate toilets of all city jails: HC
The Delhi High Court has mandated a major renovation and repair of toilets in all jail complexes across the capital, with a deadline of four months, following a troubling inspection of their conditions. Acting Chief Justice Manmohan, presiding over the case, was informed by a report from the ‘Inspecting Judges of Tihar Jail’ that the washrooms were in a deplorable state, with some cleaning being performed voluntarily by inmates.
HC to hear plea against WFI polls
The Delhi High Court on Thursday listed for hearing on September 12 a petition by wrestlers Bajrang Punia, Vinesh Phogat, Sakshi Malik and her husband Satyawart Kadian seeking to nullify the Wrestling Federation of India’s (WFI) recent elections and declaring them illegal. Justice Purushaindra Kumar Kaurav asked the wrestlers, Centre and WFI to complete the pleadings in the matter. The petitioners argued that the elections were marred by irregularities.