The Arvind Kejriwal Government and the Ministry of Home Affairs (MHA) are at loggerheads again over the issue of conducting a magisterial enquiry into the matter of a farmer’s suicide at the AAP rally against the land Acquisition Bill on Wednesday.
While Delhi Government had called a magisterial enquiry into the issue, Delhi Police had refused to comply saying it has no jurisdiction in the matter. Taking serious note of Delhi Police refusal, New Delhi Magistrate has warned that action would be taken against them if they do not join the probe.
In a strongly-worded letter to Delhi Police, District Magistrate of New Delhi said he would be constrained to file a complaint case under sections 122 (penalty for making false statement and for misconduct of police officers) of Delhi Police Act, 186 (obstructing public servant in discharge of public functions) and 188 (disobedience to order duly promulgated by public servant) of Indian Penal Code (IPC) against the concerned SHO and DCP. He warned of action if the concerned officials would not bring all documents/evidence related to the incident by Friday afternoon.
Delhi Government has ordered a magisterial inquiry in the case on Wednesday. Delhi Police comes under lieutenant Governor or MHA while District Magistrate reports to Delhi Government. The issue may become a bone of contention between Delhi and the Centre.
Referring to a letter written by DCP (New Delhi) Vijay Singh on April 22, informed that District Magistrate has no jurisdiction in the case, a senior official of Delhi Government said that letter conveys wilful neglect of the above quoted provisions of the code of criminal procedures, 1973 and procedures established by law. It also demonstrates disobedience to order duly promulgated by public servant punishable under section 188 of IPC. Further this act does not amount to obstruction in discharge of duties of a public servant punishable under section 186 of IPC.
“Whereas inquest in case of suicide is mandatory and in charge of police station is immediately give intimation thereof to the nearest Executive Magistrate. “Information/ documents related to the alleged
suicide are to be provided to the undersigned to enquire into the cause of death as well as sequence of events. It is important to enquire into the matter of seemingly preventable case of suicide, which happened in full public view in front of large gathering and in the presence of heavy deployment of police and in such a sensitive place, it is to ensure such incident can be prevented in future. Investigation in criminal offence is different and this enquiry is in addition to the investigation by any police officer,” said Delhi Government officials.