‘Can't Tarnish Him Over Viral Video’: Delhi HC Rejects Plea To Remove Police Officer From Inquiry

The Delhi High Court on Tuesday refused to remove Additional Deputy Commissioner of Police (DCP) Sandeep Lamba from supervising an inquiry into allegations of police excesses, observing that an officer’s reputation cannot be questioned solely on the basis of a viral video.

The court was hearing a plea filed by a 68-year-old woman seeking the transfer of an inquiry into her complaint, after she raised concerns over Lamba’s impartiality following a video that allegedly showed him slapping a woman during the Cockroach Janta Party (CJP) protests.

According to Bar and Bench, Justice Girish Kathpalia questioned whether an officer could be discredited merely because of the video and said the circumstances surrounding major protests also needed to be considered.

“Just because he was caught in some video allegedly slapping a lady, we cannot tarnish him. Are we aware of the ground realities? How the crowd would have entered the Parliament and firing would have started and so many would have died?” the court observed.

Petitioner’s Allegations

The petitioner had alleged that she was forcibly removed from her residence during Ramadan last year and illegally detained overnight by Delhi Police. She claimed that she had lost confidence in Lamba’s ability to conduct a fair inquiry and sought that the matter be transferred to another senior officer.

The case relates to an earlier direction by the High Court for an independent inquiry and preservation of CCTV footage from the police station where the woman was allegedly detained.

The petitioner had claimed that Lamba attempted to close the inquiry without recording her statement, following which the court directed that her statement be taken. The statement was later recorded on July 13.

The petitioner subsequently relied on reports of Lamba allegedly slapping a woman protester during the Jantar Mantar demonstrations, arguing that the incident raised doubts over his impartiality.

Her counsel told the court that the officer was seen “violating a woman” in public while in uniform and that administrative action had reportedly followed.

Bias Rejected

The High Court, however, said such allegations did not mean that Lamba would be biased in every matter assigned to him.

“The fundamental right to protest is there but it does not extend to damaging the seat of sovereignty. How he has tackled the crowd- even if it was a case of overuse of power- he cannot be tarnished like this. He is also entitled to fair trial and enquiry. Does that mean in every case he will be biased? Stop discrediting the institution,” the court said.

Delhi Police informed the court that the inquiry had already been completed, the petitioner’s statement had been recorded and the report had been submitted to the competent authority.

Taking note of the submission, the court dismissed the petition as infructuous, observing that no further proceedings were required. “Considering the statement of ASC, the petition is held infructuous and dismissed,” the court said.