Taking a serious view of the delay in the filing of an appeal against the acquittal of a man in a murder case, Delhi High Court has asked the Commissioner of Police to suggest what action may be proposed against the DCP responsible in the matter.
Dealing with the appeal filed by police after more than two years of a trial court order acquitting one Surender in a murder case, a bench of justices Kailash Gambhir and Indermeet Kaur asked the Standing Counsel (Criminal) to file an affidavit by January 30, 2014.
"We are informed that the disciplinary authority against the DCP is the Ministry of Home Affairs and, therefore, the Joint Commissioner or the Commissioner may not be the competent officers to initiate any kind of action (in the case).
"Let a fresh affidavit be filed by the Commissioner to apprise the court as to what action can be proposed against the DCP concerned who... Did not take follow-up steps to ensure filing of the appeal against the acquittal order passed by a Sessions Judge on March 22, 2011," the bench said.
Expressing displeasure over the department's failure to take action against other officials in the matter, the court sought an affidavit within three weeks, saying, "We feel distressed to find that action against other police officials have been initiated now, after this court passed an order."
The court passed the order after examining a police affidavit which states that following the acquittal, the law department of Delhi government had consulted the Director of Prosecution for further proceedings.
Again, the prosecution department had asked the said DCP to instruct officials about filing an appeal through the Standing Counsel (Criminal) in high court although, as per the affidavit, the file had not moved till the time when the appeal was filed in January, 2013.
