NEW DELHI: A city court has pulled up Delhi Police for its “callousness” and “carelessness” in a case related to the death of a man allegedly due to manual scavenging after no report was filed about the status of the investigation for over five months despite repeated orders.
Additional Sessions Judge Ravinder Bedi sought a compliance report from the ACP concerned by September 18.
The FIR was registered on the statement of Monu, a safai karamchari, who said the accused, Shanky and Anil Giri, allegedly contacted him and his companions, Ravi, Sanjay and Deepak, asking them to come the next day to clean the CBD ground sewer.
On February 2, 2020, when they reached the ground and opened the lid, a foul smell prevented them from entering the sewer without protective gear. However, both the accused contractors remained adamant that they enter the pit, the FIR alleged. It was further alleged that Ravi choked to death after entering the sewer under compulsion and Sanjay had to undergo treatment as he had entered to pull Ravi out.
The ASJ noted that further investigation with respect to the then joint engineer in Delhi Development Authority (DDA) and others was pending. On December 11 last year, the investigating officer (IO) had sought some more time to investigate their roles. On January 19, 2021, the IO again stated that the authority was not responding to various notices sent by police.
On March 2, 2021, the IO again stated non-cooperation on part of the department concerned, where the accused were employed, and requested for an adjournment and time to file a supplementary challan.
“This court observes that despite these orders since March 2 until August 11, 2021, no status report has been filed by the IO, nor has he turned up. The callousness and carelessness of the investigating agency is writ large,” the order stated.
It further said it was constrained to call the DCP concerned to file a detailed compliance report of the previous, along with the supplementary challan. The status report filed did not indicate the steps taken during further investigation after January 19, 2021.
“The ACP concerned, who is connected through videoconferencing, seeks some more time to investigate the role... along with others and ensures will comply with the previous orders of the court and to file a detailed report/supplementary challan preferably on or before September 18,” the court noted.
The case was registered under IPC sections 304A (causing death by negligence), 34 (common intention) and under sections of Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 and SC & ST (Prevention of Atrocities) Act, 1989.
