Delhi Court Criticizes Delhi Police for not completing the investigation regarding Burning of copy of the Constitution and 2018 SC/ST Act case

On May 27, 2023, the Delhi Court criticized the Delhi Police for failing to complete an investigation regarding the case related to the alleged burning of a copy of the Constitution. Also, regarding the raising of slogans during a protest at Parliament Street in 2018 against the SC/ST community. The Court said that “This court has repeatedly requested the investigating officer and senior officers to conclude the investigation which is pending since the year 2018 against the mandate of provisions of SC & ST (Prevention of Atrocities) Act to conclude the investigation within 60 days. It is really disheartening to note that despite specific observation made by this court with regard to the delay in conducting investigation, the investigating officer has failed to fall in line.” During the hearing, Additional Sessions Judge Devender Kumar Jangala mentioned that the Additional Commissioner/ Joint Commissioner and Special Commissioner of Police are provided with a copy of the previous order so as to make them familiar with the case. Despite this, he added, “But it appears that senior police officers are also sleeping over the matter.”

In 2018, an FIR was registered under Section 3 (u) of the SC/ST (Prevention of Atrocities) Act, Section 2 of the Prevention of Insults to National Honour Act, 1971, and Section 153A/505/120B/34 IPC. It was registered in context with the burning of a copy of the Constitution and shouting slogans against SC/ST community and BR Ambedkar by protesters from Youth for Equality. While hearing the matter on May 27, the Court highlighted that according to the provisions of the SC/ST (Prevention of Atrocities) Act, the investigation is to be completed within 60 days and a supplementary charge should be filed without any delay. It further said, “However despite such specific observation made by this court and reminding the Additional Commissioner/Joint Commissioner of Police, even the status report with regard to completion of the investigation is not filed before this court”

During the Court proceedings, the Court also mentioned the decision of the Supreme Court in the National Campaign on Dalit Human Rights vs Union of India case. The Hon’ble Supreme Court in the mentioned case observed that “We have carefully examined the material on record, and we are of the opinion that there has been a failure on the part of the authorities concerned in complying with the provisions of the Act and the Rules. The laudable object with which the Act had been made is defeated by the indifferent attitude of the authorities.” The Court further directed to summon IO ACP Ajay Gupta on the next date of the hearing. The Court completed the order by stating that, “Special Commissioner of Police is directed to file the status report with regard to steps taken to ensure the speedy investigation in the present matter on or before next date i.e. 08.06.2023. The Special Commissioner of Police is also directed to file the report in terms of the above order under his own signatures.”