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The impossibility of understanding the idleness of the Police has lead the Patiala House court to request the DCP to personally monitor the investigation.
Bearing in my mind that the police was yet to seize the pertinent video footage from cameras installed at the Jafarabad and Maujpur Metro Station and from the photographers or take steps to conserve them, the court went on to request the concerned DCP to monitor the investigation personally in a Delhi riots case.
Additional Sessions Judge Dharmender Rana, passed the order while extending the judicial custody of accused persons under FIR No 59/2020 (Crime Branch, Special Cell) till August 14. Accused persons in the case include Pinjra tod activists Devangana Kalita and Natasha Narwal, former Congress municipal councillor Ishrat Jahan etc.
The court said, "They say a picture is worth a thousand words and a video is worth a thousand pictures. The police seems to be in a state of inscrutable indolence in collection of relevant video footage. The indolence is a cause of concern as evidence in criminal matters is invariably ephemeral on nature".
It is a well known fact that such videos are an important and serious evidence in a case of criminal nature. The indolence shown by the Police is not understandable and therefore the court had to make them realise their duty.
During the course of the arguments advanced on the plea by Devangana Kalita for a court-monitored investigation, the court made it eminent that the Investigating Officer had informed the Court that the police was in the process of collecting all the relevant video footages, including the one obtained from metro stations and photographers engaged by the police.
Advocates Adit Pujari and Tusharika Mattoo represented Natasha Narwal and Devengana Kalita, respectively.
The court recorded that ACP Hriday Bushan and Inspector Anil Kumar have failed to point out the seizure of the relevant video footage. It’s regrettable to see the police performing their activities in such a manner. The police even failed to provide if any request/notice was served upon the metro officials for preservation of the video footage, so as to save an important video, the court said further.
Emphasising on the importance of the video footage as a piece of evidence in the case, the Court thus requested the DCP concerned to personally monitor the investigation and ensure that the "sterling image of Delhi Polie remains blemish-free and the flow of the course of justice remains unsullied".
The court also remarked that, "This is not the task of this court to direct the police as to how and what evidence is required to be collected, however, this court is duty bound to ensure a fair investigation".
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