Delhi High Court Closes Plea After Police Agrees To Acknowledge Complaint

The CSR Journal Magazine

The Delhi High Court has disposed of a writ petition concerning the Parliament Street Police Station’s alleged refusal to acknowledge a complaint about the excessive use of force during a protest on July 20. The case was resolved after representatives from the Delhi Police assured the court that the petitioner would receive the acknowledgement along with the Daily Diary (DD) number later that day. Justice Prateek Jalan presided over the proceedings.

Details of the Allegations Presented

The petition was filed by Anand Legal Aid Forum Trust, which claimed that on July 23, the complainant sought to register a formal complaint regarding cognizable offences associated with the protest march. According to the petitioner, despite their presence at the police station and repeated attempts via the helpline and contacting the Station House Officer (SHO), no stamped acknowledgement was issued. The complaint specifically detailed incidents that occurred during the July 20 protest march from Jantar Mantar to Parliament, which allegedly involved excessive police force.

In response to the petition, Central Government Standing Counsel Ashish Dixit informed the court that a temporary technical fault had hindered the issuance of the acknowledgement. He confirmed that it would be provided by the end of the day, allowing the petitioner to collect it from the police station after 5 pm. Following this update, the High Court agreed to dispose of the case.

The writ petition expressed concerns about the lack of mechanisms to ensure that police departments adhere to protocols requiring the issuance of acknowledgements for written complaints concerning cognizable offences. The petitioner urged the Delhi Police to implement mandatory protocols that include issuing stamped acknowledgements with associated DD numbers regardless of whether a First Information Report (FIR) is filed immediately or if a preliminary inquiry is initiated.

Implications for Police Procedures and Citizen Rights

The petition further referenced various Supreme Court rulings, including Lalita Kumari v. Government of Uttar Pradesh, arguing that law enforcement agencies are obliged to act upon information pertaining to cognizable offences. The refusal to acknowledge such complaints, the petitioner contended, poses a significant barrier to citizens seeking justice through the criminal justice system.

Additionally, the petition sought directions for registering an FIR against several senior Delhi Police officials, including the Commissioner and Joint Commissioner of Police, along with other personnel involved in the protest. Allegations included severe offences such as attempted murder, excessive use of force with pellet guns, illegal lathi-charging, and assaults with various weapons against peaceful protesters.

This case highlights ongoing concerns regarding police accountability and the adherence to established legal frameworks that protect citizens’ rights during protests. The resolution by the High Court underscores the importance of procedural compliance by law enforcement agencies to uphold public trust in the criminal justice system while emphasising citizens’ rights to seek redress.

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