A Delhi court has directed lodging of FIR against an assistant commissioner of police (ACP) under the SC/ST Act for allegedly neglecting his duties by failing to appear before the court despite notices and conducting a one-sided inquiry in a criminal case.
Additional Sessions Judge Sonu Agnihotri directed Joint Commissioner of Police, Western Range, to register the FIR against ACP Bijender Singh, who was also the Investigating Officer of the criminal case, and asked the senior officer to file a compliance report on April 13.
The court said the FIR has to be lodged under Section 4 of the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act which relates to punishment for wilful neglect of duties by a public servant.
The judge further directed the joint CP to get the matter properly investigated in view of the court's observations and to file further charge sheet if warranted.
The criminal case relates to a parking dispute in a residential area that took place in July last year.
The complaint, lodged by the complainant of the criminal case, alleged that Singh did not conduct a fair investigation in the matter and he had sent various persons, including two Delhi Police constables, to the ancestral village of the complainant, an advocate, to pressurise him into taking back his complaint.
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The court said the ACP has been alleged to delegate his responsibilities which is a clear violation of Rule 7 of the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) under which the case has to be investigated by a police officer not below the rank of Deputy Superintendent of Police.
"Investigating Officer should have conducted impartial inquiry into the matter and should have taken statement of complainant and witnesses cited by him and arrival of decision on the complaint should have been on basis of statements of both the sides," the court said.
It also observed that he ACP along with other officials conducted a one sided inquiry and failed to arrest the accused persons.
The court said that by failing to inquire the complaint impartially, the officer has violated the provisions of SC/ST Act and, therefore, is liable to be proceeded for dereliction of duties as provided under the law.
It said that the ACP despite being a senior police official did not take resort under suitable section of IPC when the witnesses refused to give statements in the criminal case.
"IO should have served notices to witnesses acquainted with facts and circumstances of present case on he coming to know about them with direction to them to speak truth regarding facts of the case and in event of their refusal should have proceeded against them in accordance with law.
"DCP concerned failed to ensure compliance of Rule 12 (2) of SC/ST (POA) Rules, 1995. DCP Dwarka even delegated responsibility of forwarding charge sheet to Additional DCP, Dwarka may be to evade his responsibility under the Rules or to avoid him directly being coming into picture to save accused persons from being arrested," the court said.