Man arrested in firing case: Delhi court points to inconsistencies, raps police

A Delhi court has pulled up Delhi Police in connection with the arrest of one Rohit Gehlot in connection with a firing case in Najafgarh. The court said the Dwarka district police has not followed legal provisions related to his arrest, after taking note of contradictions in the versions of police and his lawyer.

The court has now directed DCP (Dwarka) to file a report on when Gehlot was taken into custody and if other legal requirements like informing his family were met.

Gehlot’s counsel submitted that an FIR (number 571/21) of attempt to murder was registered against him at Najafgarh police station after police received a complaint from one Ashok Mittal.

“It is further submitted by the counsel for the applicant/accused that Rohit was lifted by police officials from his house on November 1 for investigation. However, police officials did not reveal where the applicant/accused had been taken. The factum of the arrest/apprehension came to the knowledge of the family from media on November 8, which was published in media on November 3, wherein the information was given/issued by DCP Dwarka that Rohit was arrested in a firing case,” Chief Metropolitan Magistrate Vinod Kumar Meena said in his order.

The order states, “It is also submitted by the counsel that Rohit’s father came to know of him being in DDU hospital and made various efforts to meet him. However, police officials did not let them meet the applicant. At this stage, court specifically asked the accused under what circumstances he was taken by police officials. It is submitted by the accused that he was taken from his home by four police officials at 1.45 pm on November 1, on the pretext/message that he has been called by DCP (Dwarka)…”

The accused also alleged he was shot at by police and was in the hospital till November 11.

The CMM further states, “Per contra, it is submitted by assistant public prosecutor for the state that in the present case of FIR no 571/21, accused Rohit was arrested only on November 13. Reply has been received wherein it is clear that police officials have followed due (process). Accused was already in judicial custody in FIR no 800/21 of Uttam Nagar police station and formal arrest was made on November 13 from jail.”

After hearing submissions of the counsel, and going through the reply filed by the SHO, the court observed that “there are some glaring contradictions in versions of investigating agency/DCP and the accused. In the SHO’s reply, it has been mentioned that the accused was arrested on November 13. The court is mindful and has to take judicial notice of the fact that in print media, on November 3, it had been reported through worthy DCP Dwarka that accused was arrested on November 2 in connection with a shootout at Mittal Sweet shop after interrogation of two persons.”

“It is also pertinent to mention that in an order issued on November 12, the court directed the SHO concerned to file a reply on seven aspects and the SHO was directed to facilitate a meeting of family members and lawyer of the accused… The SHO concerned has filed an evasive reply by which it is clear that the accused has been arrested only on November 13, a day after the order passed by this court in the present case 571/21. If the accused was arrested in the present case…, then what prevented the investigating agency in arresting him in the present FIR immediately.
The fact that the media report suggested his apprehension in the present case to be on the night of November 1 and 2, and that he was formally arrested on November 13, speaks volumes of the suspicious activities at the end of the investigation agency,” the CMM said.

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