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Delhi court furious at police for not supplying colour photos, CCTV footage in all riots cases

The court issued a show-cause notice to the Investigating Officer (IO) and Deputy Commissioner of Police (DCP), North East (NE) for non-compliance of its directions to ensure the supply of copies of colored photographs and CCTV footage in all riot cases pending before the court.

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A Delhi court has dismissed the Delhi riots accused’s an application seeking the cancellation of a non-bailable warrant issued against him. The court observed the accused had been deliberately avoiding his apprehension in a case concerning the Delhi riots, dismissed the application of the accused seeking cancellation of his non-bailable warrant.

Moreover, the court also issued a show-cause notice to the Investigating Officer (IO) and Deputy Commissioner of Police (DCP), North East (NE) for non-compliance of its directions to ensure the supply of copies of colored photographs and CCTV footage in all riot cases pending before the court.

During the hearing, it was submitted by the accused/counsels for all the accused except accused Vinod that they have already received the complete copy of the charge sheet along with the colored photographs in terms of a previous order.

However, it is submitted by counsel for accused Vinod that although he has received the complete copy of the charge sheet, however the colored copy of all the photographs filed by the State along with the charge sheet have not yet been supplied to him. Counsel for accused Vinod further submitted that a copy of only 4 photographs have been supplied to him.  

The Chief Metropolitan Magistrate of the Karkardooma Courts, Arun Kumar Garg, noted that after the order dated 22.09.2021 in the present case and in another case even the  DCP   NE   had been directed to ensure supply of copy of colored photographs and   CCTV   footage in all riots cases pending before the court to all the accused against proper acknowledgment in a   time-bound manner and at least in advance of the NDOH. However, not only the IO but the DCP NE,   has also failed to ensure the compliance of aforesaid direction, the Court further noted.

Therefore the Court issued a show-cause notice to the IO as well as   DCP   NE   as to why appropriate action as per law including under Section 60 r/w section 122 of Delhi Police Act be not taken against them for non-compliance of directions of the Court. 

The explanation was furnished by the IO as well as DCP NE through Joint Commissioner of Police Eastern Range, said the Court.

Moreover, it is clarified by the Magistrate that IO as well as DCP NE, in case they wish to avail the opportunity of personal hearing on the said show cause notice, they should remain present on the next date of hearing failing which, appropriate order as per law shall be passed in the matter without giving any further opportunity of the oral hearing to either of them.

In the meantime, IO is directed to supply the colored copy of all the photographs to the accused Vinod against proper acknowledgment on October 23 itself.

The Court further observed that NBWs against the accused Sonu @ Ashwani have been received back unexecuted. The accused had been deliberately avoiding his apprehension. The accused Sonu has appeared in the court and an application seeking cancellation of his NBWs has already been moved by him on 16.10.2021. 

“Since the submissions made by him are not supported by any medical documents,   the application of the accused seeking cancellation of his   NBWs is hereby dismissed.  The accused is taken into custody. Put up for further proceedings on 28.10.2021,” the order reads.

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