An official report submitted to Delhi Chief Minister Arvind Kejriwal on Wednesday said Delhi Police had no authority to enter Kerala House over a complaint of alleged beef consumption.
In his report, Divisional Commissioner A. Anbarasu said: "Delhi Police had no authority to enter, enquire and search the alleged presence and sale of cow meat in the (Kerala House) canteen."
Some 20 policemen "raided" Kerala House on October 26 after the Hindu Sena alleged that beef (cow meat) was being served on its premises.
It turned out that it was 'carabeef' (buffalo meat), not cow meat.
Delhi's AAP government on October 29 asked the divisional commissioner to submit a report on the police action within a week. The report will be sent to the home ministry and the Kerala government.
Delhi Police does not report to the Delhi government but to the home ministry.
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"Director, Animal Husbandry, GNCTD/Veterinary officer are competent to enter any premises and to search and seize the place where he has reasons to believe that an offence either has been committed or is likely to be committed," Anbarasu wrote in the report.
He said the police team did not follow the provisions of the Delhi Agricultural Cattle Preservation (DACP) Act, 1994, by not informing the competent authority and ensuring their presence at the time of the visit.
"The entry of Delhi Police cannot be construed as a visit for enforcement of law and order," the report said.
"They visited (it) for the sole purpose of investigation of a complaint related to serving beef in the canteen of Kerala House."
The report said that during the first visit by police officials, it became clear that no beef was served in the canteen. Therefore, the later visit by more policemen was "absolutely unethical".
"In case the police officials were not satisfied with the inquiry made at the first visit, some veterinary officer should have been informed so that the complaint could have been investigated properly," the report stated.
The seven-page report recommended "sentization" of Delhi Police personnel and veterinary officers vis-a-vis proper protocols.
"There is a need to create awareness about the provisions of the DACP Act among citizens of Delhi in general and Delhi police personnel in particular," the report said.
The police "raid" sparked strong protests by the Kerala government. Kerala House initially stopped selling 'carabeef' but resumed sales a day later.