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Above: Heavy security deployed outside Tihar Jail at the time of release of JNUSU leader Kanhaiya Kumar. Photo: UNI

The Delhi High Court bench of Justices S Murlidhar and I S Mehta on Thursday (November 30) ordered that the enquiry report into the September 13 and November 1 cases of the beating up of Tihar jail inmates by security personnel should form the basis upon which a FIR should be registered.

This petition itself should be treated as a complaint and FIR should be registered in this case on that basis, the bench said.

During the course of proceedings, the petitioner’s (Jamal) counsel while referring the enquiry report stated that report itself states the cognizable offence and pleaded that FIR should be registered on it.

The respondent’s (NCT of Delhi) counsel contested the argument of the petitioner’s counsel and said: “An FIR is already in place. Why is there a cross FIR? We have filed a chargesheet. Just wait for the decision of the committee.”

To which the petitioner’s counsel replied: “FIR shall be placed within 24 hrs and this petition should itself treated as a complaint,” and added, “there is an offence which took place inside the jail and it should be investigated through registering of an FIR. I am not pressing larger issues at this stage. Can we expect a fair investigation?”

Mehra again countered petitioner’s counsel. “SHO will go through the enquiry report,” Mehra said.

The bench said: “The enquiry report itself creates the basis upon which a FIR should be registered as per the contentions of the petitioner. This petition itself should be treated a complaint and FIR should be registered in this case on that basis.”

Mehra pleaded to the bench: “Please don’t allow this. As per the enquiry report we will take the bona-fide actions.”

Bench replied to Mehra: “Why are you suggesting? Treat that enquiry report as the basis for registering a FIR.”

The bench listed the matter for next hearing to December 22, 2017.

—India Legal Bureau

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