'Police acting like criminals': Court on post-midnight raid

Update: 2021-10-24 19:23 GMT

New Delhi: A local court here recently came down heavily on the Delhi Police — saying that it seemed as though police officials were acting as criminals when they barged into the home of a suspect at 2:30 am in the middle of the night to arrest him for allegedly sheltering criminals.

The court of Additional Sessions Judge Ravinder Bedi said that "protectors are not supposed to become predators" while allowing anticipatory bail to the suspect in question, noting that it was imperative on the investigating agency's part to conduct their probe strictly in accordance with the law.

The court order cam a few months ago in August this year, where it noted that the police had raided the man — Anwar Khan's — home on the basis of "a specific alleged input" that he was purportedly sheltering wanted criminals.

But it also observed that ex-facie there appeared to be nothing factually supporting the "secret information" alleging the suspect was allegedly sheltering accused persons.

In the order, the court said, "Present is a serious matter where, 6 police officials as directed by their superiors (Narcotics South) engaged prima facie in an illegal act i.e. barging into house of applicant (few of them in uniform) in the middle of the night, kept knocking the door for about an hour to arrest applicant on mere suspicion of his being involved in sheltering other accused persons.

"It is the admitted case that raiding party did not recover anything from the applicant's house. The raiding party members were all police personnel and it was their duty to uphold the law. But far from performing their duties, they appear to have acted as criminals."

The court also noted that the Delhi Police report conveniently remained quiet on the concerns raised by it earlier despite repeated orders for "reasons best known to them" and added that the police were yet to file the MLC of the concerned suspect — which is of consequence because the suspect had alleged he was beaten up by police officials, who allegedly, kicked him, punched him and also allegedly hit him with the butt of their firearms.

"Secondly, the MLC / medical record of the applicant has not been filed by the IO till date to ascertain the nature

of injuries sustained by applicant and reasons are inexplicable," the court order dated August 13 said. 

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