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Mukherjee Nagar assault case: 2 police personnel dismissed and 2 suspended, HC told

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Press Trust of India New Delhi
Last Updated : Sep 02 2019 | 8:25 PM IST

Delhi Police has dismissed two personnel and suspended two others in connection with the assault on a Sikh tempo driver and his minor son in Mukherjee Nagar in June, the high court here was informed on Monday.

The police, in a status report filed before a bench of Chief Justice D N Patel and Justice C Hari Shankar, said that an inquiry was conducted into the alleged roles of police personnel in the incident and two personnel of constable rank were dismissed from the service as their act was "unprovoked", "highly unprofessional" and "abhorrent".

The report stated that a joint departmental inquiry has been ordered against eight police personnel, two of whom have been suspended, by the Deputy Commissioner of Police and it would be conducted on a daily basis.

"The act of these eight police personnel amounts to gross misconduct, negligence, unprofessional attitude and dereliction in discharge of their official duties which renders them liable to be dealt with departmentally under the provisions of Delhi Police (Punishment and Appeal) Rules," it said.

The court has listed the matter for further hearing on October 14.

Regarding the two who have been dismissed from service, the police, in its status report filed through additional standing counsel Satyakam, said their act was "unprovoked, indiscreet and highly unprofessional that too in full public view" and use of feet and shoes to hit an already overpowered person is an "uncivil and abhorrent act".

On June 16, several video clips of a brawl between the tempo driver, Sarabjeet Singh, and police personnel went viral on social media.

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In one of the clips, Singh is seen chasing policemen with a sword and in another, the personnel are seen thrashing the tempo driver and his son with batons. The incident had triggered protests in Mukherji Nagar area.

The court was hearing a petition seeking an independent CBI probe into the incident.

The petition by Seema Singhal, a lawyer, has also sought framing of appropriate guidelines to prevent such "violent acts of police brutality and excessive force".

Advocate Rubinder Ghumman, appearing for Singhal, claimed that the police has "deliberately and malafidely not mentioned relevant provisions of the IPC (in the status report) as the video clearly showed the incident which was hurting the sentiments of a particular minority community".

The Delhi Police had earlier also filed an interim report in which it had said that even if it was taken that the tempo driver and his son were extremely aggressive, the police personnel should have "exhibited greater patience and professionalism, instead of indulging in the impulsive unprofessional conduct of dragging them".

The court was informed that the Delhi Police's Crime Branch is investigating the FIR lodged by the driver and the counter FIR in the matter.

In the interim report, it was stated that the policemen's aggression was a retaliation to the violent behaviour of the driver.

The court had earlier rapped the police for the alleged assault on the tempo driver, saying it was "evidence of police brutality" and how an uniformed force ought not to act.

The petition has also sought compensation for the victims of the assault.

It has also urged the court to call for the status report of the case and medical reports, along with the CCTV footage from the Mukherjee Nagar police station.

According to police, the altercation had taken place after the tempo driver's vehicle collided with a police van. Eight personnel were injured in the brawl, police have claimed.

Subsequent to the incident, the Delhi Police suspended three policemen for "unprofessional behaviour" and had initiated a probe.

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First Published: Sep 02 2019 | 8:25 PM IST

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