NEW DELHI, May 1: A Delhi court has rejected the plea of five Delhi Police personnel, accused in the June 2011 Ram Lila Maidan midnight crackdown on yoga guru Ramdev’s rally, against a notice issued to them by a magisterial court in the case.
Additional Sessions Judge Narinder Kumar rejected the petition of the five cops who had challenged the magisterial court order by which notices were issued to them to appear before it for the case against them to proceed further.
The order came on a plea of Sub-Inspector Sushil Kumar, Head Constable Vijender Singh and Constables Krishan Pal, Ravi and Dinesh Kumar who have been charge sheeted by the Delhi Police under section 336 IPC (endangering life and personal safety of others) during the June 4-5, 2011 midnight police crackdown on Ramdev’s anti-graft campaigners at Ram Lila ground here.
On October 2, 2012 a magisterial court had served a notice on them seeking their appearance in the case to face the proceedings while observing that the cognizance of the offence has already been taken and the case has to proceed further.
The order was challenged on the ground that the magistrate took cognizance of the offence after expiry of the limitation period of three months from the date of the incident as provided in the Delhi Police Act.
The ASJ, however, held that “in view of the specific directions issued by the apex court on February 23, 2011 giving three months’ time to the police for investigation and presentation of charge sheet and also having regard to the fact that it took sufficient time in establishing the identity of the accused police officers, this court finds that the bar under the Delhi Police Act is not attracted.”
The accused police personnel were identified with the help of video footage procured from TV news channels and charge sheeted in June, 2012, as per the Supreme Court directions.
ASJ Kumar, however, noted that the apex court took suo motu cognizance of the matter and on February 23, 2012, it directed the police to complete the investigation and file a charge sheet within three months.
Noting that a charge sheet was filed against them in June 2012 within three months of the order of the Supreme Court, the ASJ said “when the directions were issued by the apex court for completion of investigation and filing of charge sheet within three months w.E.F. February 23, 2012, the bar as regards time limit of three months, as provided under the Delhi Police Act, would not come to the aid of the petitioners.”
“Even otherwise, although the FIR was registered on March 9, 2012, the Investigating Officer had to collect evidence from different sources to find out as to who were the persons involved in the commission of the crime,” the court said.
It also noted that the provision of the limitation period would be applicable where particulars of the wrongdoer are known and not where their identity is yet to be established.
The ASJ also rejected their contention of non-availability of sanction for their prosecution.
The accused cops were booked on the ground that they exceeded their orders during the crackdown.
Besides the policemen, 11 associates of Ramdev have also been charge sheeted under the Indian Penal Code on the charges of rioting, using arms, unlawful assembly, obstructing policemen from discharging their official duty, injuring them and causing mischief.
They have also been booked under the provisions of the Prevention of Destruction of Public Property Act. (PTI)
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