New Delhi— A Delhi Court reprimanded the Delhi Police for its failure to complete the investigation in a case involving the alleged burning of a copy of the constitution and the raising of slogans against Baba Saheb Ambedkar and the Dalit community during a protest at Parliament Street in 2018. 

The court expressed disappointment over the prolonged delay in concluding the investigation, citing non-compliance with the provisions of the SC & ST (Prevention of Atrocities) Act, which mandates the completion of investigations within 60 days.

The bench, presided over by ASJ Devender Kumar Jangala, said that the court had repeatedly urged the investigating officer and senior police officials to expedite the investigation, which has been pending since 2018. 

Senior officers sleeping over the matter: Court 

The presiding officer said in the order that despite specific observations made by the court regarding the delay, the investigating officer failed to take appropriate action. The court even sent a copy of the order to the Additional Commissioner, Joint Commissioner, and Special Commissioner of Police on the last hearing date in the hope that bringing the matter to the attention of senior police officers would yield results. However, it appears that the senior police officers also overlooked the matter.

"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 fails to fall in line. A copy of order was also sent on the last date of hearing to Additional Commissioner/Joint Commissioner and Special Commissioner of Police with a view that bringing the matter into the knowledge of senior police officers may yielded some result but it appears that senior police officers are also sleeping over the matter. The present case is a classic example where the observation made by Hon'ble Supreme Court in National Campaign on Dalit Human Rights Vs. Union of India, (2017) 2 SCC 432 is squarely applicable " the court observed. 

The court referred to the case of National Campaign on Dalit Human Rights v. Union of India, where the Supreme Court had criticized the authorities for their failure to comply with the provisions of the SC & ST (Prevention of Atrocities) Act.

In light of this, the court directed the Special Commissioner of Police (concerned Range) to ensure a speedy investigation, taking into account the mandate of the aforementioned Act and submit a status report on the measures taken to expedite the investigation by the next hearing on June 8. 

The incident 

During a protest organized on Parliament Street in August 2018, a case was registered against an individual for allegedly burning a copy of the Indian Constitution and raising slogans against its architect, Dr. B.R. Ambedkar, and the SC/ST community. 

The police  arrested one suspect in connection with the case. The arrested individual, identified as Deepak Gaur (40) from Ballabhgarh, Haryana, was considered the main accused in the case. The All India Bhim Sena  lodged a complaint at the Parliament Street Police Station, based on which the police registered the case under sections 153(A), 505, 120-B, and 34 of the Indian Penal Code (IPC), as well as for offenses related to insulting national dignity.

Neglect of duties 

The reply filed on behalf of the Joint Commissioner of Police/Additional Commissioner of Police, New Delhi Range, revealed that crucial aspects of the investigation are still pending. The court noted that the investigation officer had neglected his duties until the stern order was issued by the court during the previous hearing.

The court emphasized that according to the provisions of the SC & ST (Prevention of Atrocities) Act, investigations are required to be completed within 60 days, and even the supplementary charge sheet should be filed without any delay.

Furthermore, the court has directed that a copy of this order, along with a copy of the order dated 17.05.2023, be sent to the Commissioner, Delhi Police. This action is intended to bring to the attention of the Commissioner the conduct of the police officials involved in the case, including the Investigating Officer (IO), the Deputy Commissioner of Police (DCP), and the Additional/Joint Commissioner of Police, New Delhi concerned. The court seeks to ensure that the higher authorities are aware of the delays and shortcomings in the investigation process.