Let no one repeat last words of George Floyd, "I cant breathe:" Delhi High Court in plea seeking inquiry into police brutality

The law does not permit people to be beaten up in police custody or during interrogation, the Delhi High Court stated while ordering a fresh inquiry into a case of police brutality against two civilians (Mohd. Areeb Umar v. The State of NCT of Delhi)..Justice Najmi Waziri stated in his judgment,"Punishment for an assault or a criminal act is to be determined by a court of law. The police cannot be a judge in its own cause. The law does not permit people to be beaten-up in police custody or during interrogation. The assault by the police on the petitioner and his associate is questionable. One can never be too vigilant about the rights of citizens being violated or any callousness or over-reaction by law-enforcers which may lead to an unfortunate incident or tragedy. Let no one have to repeat the tragic last words like George Perry Floyd, Jr. “I can't breathe.”.The petitioner had approached the High Court claiming that he was mercilessly beaten up and grievously injured by Delhi Police personnel on January 25, 2021. He claimed that even after filing a complaint before the Commissioner of Police, no inquiry has taken place.He also brought the Court's attention to some pictures taken by a CCTV camera, which clearly show two men being assaulted repeatedly by a posse of policemen who are in uniform and in civilian attire. After an initial inquiry was conducted by the Inspector of Vigilance, the matter was closed as if nothing happened, the petitioner submitted. He thus prayed for a direction to a high rank officer to conduct an inquiry in the matter..The Additional Solicitor General appearing on behalf of State of NCT Delhi submitted that before the incident captured on CCTV, there was a quarrel between private parties right outside the police station, and the police had intervened to break up the melee before it turned into something serious..The Court observed that fairness of procedure and examination of the substantive issues are fundamental requirements that must followed in order to instil confidence in an inquiry. Since these were not followed in the present inquiry, the Court deemed the probe to be of no consequence.It also stated that it was clear from the CCTV footage that the assault had begun as soon as they entered the police station premises, and the two civilians were not violent when they are walked into the said premises..In light of the above, the Court ordered for a fresh inquiry into the matter to be conducted by the Deputy Commissioner of Police (Vigilance), and directed the petition to be treated as representation to the police. The order stated,"The petitioner shall be heard, through counsel as well, within four weeks from receipt of this order. The decision/report/action-taken be communicated to the petitioner, within two weeks thereafter.".With these directions, the petition was disposed of..[Read order]