A Delhi court has ordered the Delhi Police Commissioner to initiate disciplinary proceedings against officers allegedly responsible for what it called gross investigative errors in the Shahbad Dairy case, where the murder and assault case was treated as mere rash and negligent driving, thus trying to create a narrative of an accident.
In an order issued on June 29, Judicial Magistrate First Class Bharti Beniwal of Rohini Courts observed that the investigation suffered from serious deficiencies from the very beginning and criticized not only the Investigating Officer (IO) and Station House Officer (SHO) of Shahbad Dhiri police station but also senior supervising officers for failing to intervene. The court noted that even the Deputy Commissioner of Police (Outer North) and the Joint Commissioner of Police (Northern Range) failed to supervise the case. It asked the Police Commissioner to assess the seriousness of the lapses and their cumulative impact and take appropriate administrative measures against all officers found responsible. A compliance report has been requested by July 13.
Read also | A man was beaten to death by fellow passengers after an altercation on board a train at Shahdara railway station in Delhi
“The court finds it difficult to understand the basis on which the matter was initially treated as a matter of reckless and negligent driving, despite the specific allegations of a violent attack involving assault and vehicular ramming. There are no substantive allegations in the complaint that point to a mere accident.”
The case relates to the death of Chandresh alias Munu, who was allegedly assaulted and run over by a man identified as Nagender on January 26. According to the complaint, Chandresh returned home with serious injuries and told his family that Nagender attacked him, chased him in a car and intentionally ran him over. He remained in the hospital for 22 days before he died of his wounds on February 16.
The court noted that while Chandresh was being taken to the hospital, his brothers recorded a video in which he repeatedly identified Nagender as his attacker. Despite this, the police initially registered an FIR only under provisions relating to rash and negligent driving, citing culpable homicide only after Chandresh’s death.
Read also | $500 conflicts in South Delhi; The accused is in custody”>A man was strangled to death by his friend $500 conflicts in South Delhi; The accused is in custody
“This omission is of greater significance as the victim survived for 22 days, providing ample opportunity for appropriate follow-up. There is no satisfactory explanation for this error,” the court noted. She said that the statements of key witnesses and treating doctors were not recorded immediately, and follow-up was absent. “The said recording, on its face, has significance as a death notice and requires careful legal consideration and evidence,” the order noted.
The judge particularly criticized the supervisory role played by senior officers. It observed that the Deputy Commissioner of Police (Outer North) and the Joint Commissioner of Police (Northern Range) failed to examine the case independently despite the material on record. The court said: “Even viewing the photos and videos showing the injuries sustained by the deceased, or the autopsy report, would have given a clear indication of the seriousness of the assault.”
Read also | ‘Killed or forced to die’: Delhi woman dies just two months after wedding, family alleges dowry abuse
“This is not just a procedural irregularity, but a fundamental flaw and calls for appropriate administrative action against the erring officials,” the court said, while also directing the DCP to seek medical opinion on the injuries sustained by the deceased.
