Court pulls up police for delay in collecting FSL report in 2015 case

The judge also ordered that a non-bailable warrant be issued against the DCP of northwest district. However, the judge later considered an application to cancel the warrant.

A special court has pulled up Delhi Police for its lackadaisical approach in obtaining an FSL report in a 2015 murder case and delaying the prosecution’s examination of witnesses. Special Judge Pawan Kumar Matto called police “negligent” and said it did not comply with the guidelines of the Delhi Police Commissioner’s standing order. The judge also ordered that a non-bailable warrant be issued against the DCP of northwest district. However, the judge later considered an application to cancel the warrant.

The case dates back to 2015, when a man was murdered in Subhash Place. The three accused have been behind bars since then. However, as the case property has been lying with the FSL, witnesses were “discharged unexamined”, delaying the hearing. The court then said police did not take the matter “seriously”.

The court first pulled up police in July. “It appears to the court that IO and DCP are negligent… they are not pursuing the matter seriously,” the judge had said. He also called for a written explanation for non-compliance of the commissioner’s standing order 444/16 — which lays down instructions for expeditious investigation of cases. The matter was posted for hearing in September, and the court ordered the DCP and the IO to be present. However, the DCP failed to show up. According to court records, he sent a letter stating that he is unable to appear because of “official exigencies”.

The judge said: “On 02.08.2017, the SHO sought directions to the Director FSL to expedite the result, whereas this report was already filed in court. (Also) letter written by DCP reveals that (another) FSL report dated 29.03.2017 was pending. But no application was filed in this court regarding this report… nor IO, SHO or DCP make sincere efforts to obtain it… Request for exemption of DCP is turned down. He is called through warrant of arrest for the next date of hearing.” However, the SHO filed an application for cancellation of NBW and assured the court that police would collect the report. The next date of hearing is on October 28.