The Delhi High Court on Wednesday warned that it may hand over to the Central Bureau of Investigation the probe into allegations of torture and illegal detention of activists, including students, by Special Cell officials last month, while sharply questioning the manner in which the Delhi Police has handled the matter so far.
Court Signals Possible CBI Probe
A Division Bench of Justice Navin Chawla and Justice Ravinder Dudeja said it may refer the investigation to the CBI if the Delhi Police does not show that action has been taken. The court said it would not let the matter go and observed that the allegations were serious enough to warrant an independent look if confidence in the present inquiry could not be restored.
After examining status reports filed by the Delhi Police in a sealed cover regarding CCTV cameras in the Special Cell office, the Bench remarked that it may record that the allegations were serious and ask the CBI to investigate. It also told the Delhi Police that its conduct so far did not inspire confidence and said the court could not trust it with the investigation if the situation continued in the same manner.
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Bench Stresses Procedure Must Be Followed
The court underscored that even if the police had material to suspect the activists, there was a legal procedure that had to be followed. It said that if such procedure was not observed, it would direct the Police Commissioner to conduct an inquiry against the officials found at fault.
The Bench said the Constitution required the procedure established by law to be followed and made clear that it wanted to see compliance with that principle. The matter arose in a batch of habeas corpus petitions filed by the activists. The court had earlier orally asked the Delhi Police to follow the procedure prescribed by law during the investigation.
Police Deny Allegations, File to Be Examined Further
Appearing for the Delhi Police, Additional Standing Counsel Sanjeev Bhandari submitted that the allegations of torture and threats against the activists were false. He told the court that the matter was being taken seriously and that an inquiry, if required, would be conducted at a superior level.
The court directed the Delhi Police to bring the entire case file on record for scrutiny on the next date of hearing. According to the screenshots, the Delhi Police has said it is actively investigating 13 activists for allegedly supporting Maoist or Naxalite ideologies.
About the author – Rehan Khan is a law student and legal journalist with a keen interest in cybercrime, digital fraud, and emerging technology laws. He writes on the intersection of law, cybersecurity, and online safety, focusing on developments that impact individuals and institutions in India.
