A division bench of Justice Kailash Gambhir and Justice Indermeet Kaur, while dealing with the appeal filed by police after more than two years of a trial court order acquitting Surender in a murder case, asked the standing counsel (Criminal) to file an affidavit by Jan 30, 2014.
"We are informed that the disciplinary authority against the DCP (deputy commissioner of police) is the ministry of home affairs and, therefore, the joint commissioner or the commissioner may not be the competent officers to initiate any kind of action (in the case)," said the bench in the order passed last week.
"Let a fresh affidavit be filed by the commissioner to apprise the court as to what action can be proposed against the DCP concerned who... did not take follow-up steps to ensure filing of the appeal against the acquittal order passed by a sessions judge on March 22, 2011," the court added.
Expressing displeasure over the department's failure to take action against other officials in the matter, the court sought an affidavit within three weeks.
"We feel distressed to find that action against other police officials have been initiated now, after this court passed an order," the bench said.
The court's order came after examining a police affidavit which states that following the acquittal, the law department of Delhi government had consulted the Director of Prosecution for further proceedings.
Again, the prosecution department had asked the DCP concerned to instruct officials about filing an appeal through the standing counsel (criminal) in high court although, as per the affidavit, the file had not moved till the time when the appeal was filed in January 2013.
--IANS (Posted on 23-12-2013)