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Judiciary – High Court Questions Police Over Alleged Illegal Detention Case

Judiciary –  The Delhi High Court on Thursday expressed strong concern over allegations that several activists, including students, were unlawfully detained and subjected to mistreatment by members of the Special Cell of the Delhi Police last month. The court indicated that it may consider recommending a probe by the Central Bureau of Investigation if satisfactory answers are not provided.

High court police detention case

Court Raises Concerns Over Due Process

A bench comprising Justices Navin Chawla and Ravinder Dudeja underscored that any investigation must strictly follow the legal procedures laid out in the Constitution. The judges questioned the police approach, noting that serious allegations of torture cannot be justified under any circumstances, even during sensitive investigations.

The bench made it clear that merely suspecting individuals does not permit authorities to bypass established legal safeguards. It emphasized that personal liberty cannot be compromised without adherence to due process, regardless of the nature of the accusations involved.

Warning of Possible Independent Probe

During the hearing, the court conveyed dissatisfaction with the status report submitted by the police, describing it as inadequate. It directed the authorities to present the complete case records at the next hearing scheduled for May 19.

The judges also cautioned that failure to demonstrate appropriate action could lead to further steps, including a recommendation for an independent investigation by the Central Bureau of Investigation. They reiterated that the seriousness of the allegations warrants a transparent and credible inquiry.

Allegations of Detention and Mistreatment

The case stems from multiple petitions filed before the court, highlighting claims that several individuals were picked up by the police from locations such as Dayal Singh College and Vijay Nagar in March. According to the petitioners, those detained were taken to an unidentified facility in New Friends Colony without following lawful procedures.

One petition was filed by a family member of a student, who alleged that her sister and others were held incommunicado and subjected to physical and mental harassment. These claims have raised broader concerns about the conduct of law enforcement agencies during investigations.

Police Deny All Accusations

In its submission to the court, the Delhi Police rejected the allegations, stating that the claims of illegal detention and custodial abuse were fabricated. The police maintained that the individuals in question were being examined in connection with suspected links to Maoist activities and that the accusations were intended to disrupt ongoing investigations.

However, the court stressed that even in cases involving national security or extremist links, authorities are bound by the law. It pointed out that investigative agencies must operate within constitutional limits and cannot adopt arbitrary measures.

Emphasis on Constitutional Safeguards

The bench repeatedly highlighted that the focus of the court is not on the gravity of the allegations being investigated, but on whether the correct legal procedures were followed. It reaffirmed that the Constitution guarantees certain protections that cannot be ignored under any circumstances.

By insisting on accountability, the court signaled the importance of maintaining public trust in law enforcement institutions. The outcome of the case is expected to have implications for how similar allegations are handled in the future.

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