Cop's image can't be tarnished over 'power overuse' at Chalo Sansad march: Delhi HC
The Delhi High Court on Tuesday, July 28, said the right to protest does not extend to damaging the "seat of sovereignty," and a police officer's image cannot be "tarnished" over an alleged "overuse of power" during the July 20 march to Parliament against the NEET paper leak.
Justice Girish Kathpalia made the observations while dismissing a petition seeking withdrawal of an inquiry from Delhi Police's Additional DCP Sandeep Lamba, after he was seen slapping a woman during the 'Chalo Sansad' march. Since, consequential administrative action was taken against him.
The petition in question was filed by, 68-year-old Zarnigar Fatima who claimed she was illegally detained at the Jafrabad police station on the intervening night of March 24/25, 2025, and Lamba was appointed as the inquiry officer in the judicially directed inquiry into her allegations of police excesses.
Advocate M Sufian Siddiqui contended that the petitioner's confidence in the fairness of the inquiry into her alleged illegal detention in 2025 has been permanently shaken due to Lamba's conduct. He said that the proceedings should be assigned to an independent officer.
Justice Kathpalia, however, asserted that the police officer has the right to a fair trial, and even if he is seen slapping a woman, he may not be biased in every case.
"Just because he is caught on some video clip slapping a lady, we cannot tarnish him in black. Are we aware of the ground realities? How the crowd would have entered the Parliament and firing would have started. So many people would have died," the court remarked.
"Fundamental right to protest is there but it does not extend to damage the seat of sovereignty. You were approaching sovereignty. In such a situation, how he has tackled the crowd, even if it is a case of overuse of power, that can't be (used) to tarnish him like this," it added.
Even as Siddiqui maintained that the petitioner was not tarnishing the police officer's image, the court asked, "If I transfer the inquiry on this ground that in some other incident he is seen slapping somebody, is it not tarnishing? I am holding him guilty without hearing."
The counsel for the authorities said nothing survived in the petition because the inquiry had already concluded after recording the petitioner's statement, and the matter had been sent to the competent authority for a final decision.
The plea made by Fatima had argued that since justice must not only be done but also be seen to be done, the principles of justice, fairness, and institutional integrity warrant that the inquiry be withdrawn from Lamba and handed over to an independent officer.
