Court raps police for IO's false statement about eye-witness identifying accused

new delhi: A court here has rapped the police for a false statement submitted by an investigating officer probing one of the north-east Delhi riots cases and directed the Delhi Police to sensitise investigating officers about the diligence to be maintained in riots cases.

The false statement was filed by an IO in his reply to a bail application of a man arrested in the case related to the ransacking of a shop during the riots in the Jyoti Nagar area. The police had stated in its reply that there was an eyewitness who had seen accused Yogender Singh at the scene of the crime, but the court found from the chargesheet that the witness had never identified the accused and only Head Constable Ravinder had identified Singh.

Additional Sessions Judge Amitabh Rawat granted bail to Singh on furnishing a bail bond of Rs 30,000 with a surety of like amount and said the IO has to be careful in what he wrote.

"The reply of the IO had stated that Aslam was an eye witness who has given a statement under section 161 (examination of a witness by police) Code of Criminal Procedure that he has seen accused Singh at the scene of the crime while entering his house. The assertion in the reply is factually false as reflected in the chargesheet. The Investigating Officer has to be careful in what he writes.

"Copy of this order be sent to the Joint Commissioner of Police (Eastern Range), Delhi so that the Investigating Officers are sensitised about the importance of the reply and the diligence to be maintained in all cases and particularly in riots cases," the court said in its order passed on Thursday.

It further said complainant Gulfam, whose shop was allegedly ransacked by the mob of rioters, was not an eyewitness to the incident.

"Considering the period of incarceration, the fact that the chargesheet has been filed and in the totality of the facts and circumstances of the case, bail application stands allowed," it said. It further directed Singh to not leave the jurisdiction of Delhi/NCR or indulge in any kind of criminal activity.

The court said Singh should not tamper with evidence and attend court on every date of hearing or as directed.

During the hearing, Singh's counsel Bilal Anwar told the court there was no incriminating evidence against him in the case and was falsely implicating his client. Special Public Prosecutor Rajeev Krishan Sharma opposed the bail plea saying witness Mohd Aslam had seen Singh at the scene of the crime while entering his house.