The court observed that the allegations levelled against the inspector were “seriously doubtful” and a case of “afterthought” to seek custody. It then ordered an inquiry and initiated disciplinary proceedings against the cops who had levelled the allegations, the investigating officer and the then SHO of the local police station.
“It’s a fine example of abuse of the process of law and misuse of power by the police,” additional chief judicial magistrate (Rohtak) Manglesh Kumar Choubey observed in his order on Thursday
The court also said that the possibility of liquor being forcibly poured into the inspector’s mouth before a medical test could not be ruled out. “If the accused, being a policeman, was drunk to such an extent that he used abusive language in front of the SP’s residence, the extent of intoxication must have been established. It is lacking in this case. The circumstances are such that this court cannot shut its eyes. Police have been vested with powers to bring the guilty to justice and not to get an innocent person punished by cooking up some story,” the order read.
On September 12, 2016, head constable Devender Singh, who was in charge of security at the SP residence in Rohtak, had lodged the complaint against the Delhi cop. He had alleged that the inspector not only assaulted them and tore their uniform, but also smashed an empty liquor bottle on the road. The cop was arrested and later released on bail.
The court also observed that the statements of witnesses were “untruthful”. “From the evidence of witnesses, it became crystal clear that some altercation with the accused was given the shape of offence under sections 332 (causing hurt to deter a public servant from performing his duties), 353 (assaulting public servant), 186 (obstructing public servant from discharging his duties) and 427 (mischief) of the IPC.”