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Justice Nazmi Waziri of the Delhi High Court in a recent decision has observed that the police cannot be a judge in its own cause and that the law does not permit people to be beaten-up in police custody or during interrogation. The Court was hearing a matter pertaining to police brutality in which it referenced the murder of American citizen George Floyd at the hands of the police, which sparked the world wide Black Lives Matter movement, and stated, "One can never be too vigilant about the rights of citizens being violated or any callousness or over-reaction by law-enforcers which may lead to an unfortunate incident or tragedy. Let no one have to repeat the tragic last words like George Perry Floyd, Jr.: “I can't breathe”."

BRIEF FACTS

The petitioner complained of being mercilessly beaten, ill-treated and grievously injured by Delhi Police personnel and alleged that he was never even called for any enquiry apropos the alleged assault and/ or the resultant injuries.

An initial inquiry was conducted by the Inspector (Vigilance) and the matter was closed. The petitioner approached court aggrieved by the fact that he was neither called for any inquiry nor were the injuries, sustained by him as a result of the said assault, examined or considered.

The Court held that a fresh inquiry was warranted in lieu of the photo and video evidence which show that petitioners are being assaulted repeatedly by a posse of policemen who are in uniform and in civilian attire.

It was noted that there was no provocation on the part of the petitioners that could result in such brutal beating. They were not violent and there was no unruliness or assault on any policeman by the petitioner.

In the backdrop, the court ordered fresh inquiry by the Deputy Commissioner of Police (Vigilance) stating that the present petition is infact the petitioner’s representation to the police. Fhe Court has thus directed the decision/ report/ action-taken be communicated to the petitioner, within two weeks after hearing the petitioner.

Cause Title: Md. Areeb Umar v. NCT of Delhi