2018 (2) TMI 2078 - HC - Indian Laws

Principles of natural justice - grievance stands made is that no receipt thereof was given to the petitioner and these documents having a critical bearing on the case were not made part of the record by the police - applicability of Circular No. 08/2011 dated 10th February, 2011 issued by the Delhi Police - HELD THAT - The respondent no.2 shall issue a circular forthwith upon receipt of a copy of this order directing the strict compliance of the procedure laid above, by every police personnel. The Circular shall be also posted on the official website of the Delhi Police and effective publicity given to ensure that the public is apprised of the procedure which has to be followed - The necessary features of the Circular shall be prominently displayed at all police stations in English and vernacular to enable every person who visits the police station of the procedure which has to be followed. The present writ petition is a laudable effort on the part of a petitioner who, though facing criminal prosecution, has opted to pursue larger public interest and to bring some transparency to the manner of police functioning. The prayer made in this writ petition stands satisfied. The petition is disposed of in terms thereof.

Summary

Issues Involved:

1. Non-issuance of written notice under Section 41A of the CrPC.
2. Non-receipt of documents submitted by the petitioner to the police.
3. Insufficiency and inefficacy of existing Delhi Police Circulars.
4. Need for modification of Circular No. 08/2011 and framing of new rules for issuance and service of notices under Sections 41A and 160 of the CrPC.

Detailed Analysis:

1. Non-issuance of written notice under Section 41A of the CrPC:
The petitioner claimed that despite cooperating with the Crime Against Women Cell and attending all sessions, no written notice under Section 41A of the CrPC was served upon him. He joined the investigation on eight occasions without any formal notice, which is a violation of the procedural requirements under the CrPC.

2. Non-receipt of documents submitted by the petitioner to the police:
The petitioner alleged that several critical documents he submitted to the police during the investigation were not acknowledged or made part of the official record. These documents included recovery memos, lists of stridhan articles, and text messages, which he believed were essential to his defense.

3. Insufficiency and inefficacy of existing Delhi Police Circulars:
The petitioner argued that the directions in Circular No. 08/2011 and other related circulars were not being properly implemented by the local police. He contended that these circulars were insufficient to protect the rights of individuals called for inquiries or under investigation.

4. Need for modification of Circular No. 08/2011 and framing of new rules:
The petitioner sought directions for the Delhi Police to modify Circular No. 08/2011 and frame fair and balanced rules regarding the issuance and service of notices under Sections 41A and 160 of the CrPC. He highlighted the need for a more transparent and just procedure for criminal investigations.

Court's Observations and Directions:

1. Statutory Provisions:
The court referred to the statutory provisions of Sections 41A, 91, 160, and 175 of the CrPC, emphasizing the requirements for issuing notices and summoning individuals for investigation.

2. Reports and Consultations:
The Registrar General of the court, along with senior officers of the Delhi Police, conducted an extensive consultative process. This resulted in reports dated 3rd November 2017 and 12th December 2017, which were considered by the court.

3. Guidelines for Issuing Notices under Section 41A:
The court directed a strict procedure for issuing notices under Section 41A, including the use of a model form, mandatory compliance by suspects/accused, and proper documentation. The guidelines also included provisions for rescheduling appearances, issuing acknowledgments, and maintaining records.

4. Application to Sections 91, 160, and 175 of the CrPC:
The court mandated that the same procedure be followed for the working of Sections 91, 160, and 175 of the CrPC, ensuring uniformity and transparency in police investigations.

5. Circular and Publicity:
The court directed the respondent to issue a circular for strict compliance with the new procedure and to post it on the official website of the Delhi Police. The circular's key features should be prominently displayed in all police stations in English and vernacular languages.

6. Appreciation and Conclusion:
The court appreciated the petitioner's effort to pursue public interest despite facing criminal prosecution. The assistance provided by legal representatives and the Registrar General was also acknowledged. The petition was disposed of with the satisfaction that the prayer made was addressed.

Conclusion:
The court's judgment established comprehensive guidelines for issuing notices under Section 41A of the CrPC and ensured transparency and fairness in police investigations. The directions aimed to protect the rights of individuals and bring accountability to police procedures.