Battleground Gajendra Singh: Delhi police vs Kejriwal govt fight is plain ugly

The tussle between Arvind Kejriwal’s AAP government and the Delhi police over the issue of statutory powers of a district magistrate may turn into a full-blown war following the New Delhi district magistrate’s warning to the city police to join the probe into farmer Gajendra Singh’s suicide by 11 am.

Although the DM has “no jurisdiction” in the matter, a former top cop and legal experts are of the view that the police should cooperate on “humanitarian grounds” instead of making it an “issue of ego”.

The district magistrate, Sanjay Singh, has written a letter to Deputy Commissioner of Police (New Delhi) Vijay Singh asking the police to furnish all documents and evidence related to the incident, failing which it would be deemed a criminal offence as per the law. Replying to the DM, the DCP said in his letter that it had no jurisdiction in the matter as it was a subject matter of an FIR filed under various sections of IPC including abatement of suicide.

“It is true that the Delhi government has no control over the police, which is directly accountable to the Union Home Ministry through the Lieutenant Governor. And therefore, its officers cannot be summoned by an enquiry officer appointed by the state government,” former Delhi Police Commissioner Ved Marwah told Firstpost.

But at the same time, he says that the police should support the probe on “humanitarian ground” to ensure justice instead of making it an ego issue. “Though the DCP is not legally bound to join the investigation, he should furnish all documents and details regarding the incident as sought by the DM on humanitarian ground without making it an ego issue,” he said.

Marwah also suggested that the AAP government should change its “attitude of blame game” and make its relations with the police cordial. “How can you (the Delhi government) try dictate and expect cooperation from the police when you never miss a single opportunity to accuse and criticise it. It is extremely unfortunate. In this way, the national capital cannot be governed smoothly. Both stakeholders should try to make their relationship cordial,” he added.

Agreeing with the former top cop, Abdul Hafiz Gandhi, assistant professor at Amity Law School, said despite the fact that district magistrate can probe into the unfortunate incident, the city police cannot be compelled to join the investigation.

“When the Delhi Police is not under the control of the city government, how can a DM, who reports to the state government, direct the police, which reports to Union Home Ministry, to join the enquiry? It is the prerogative of the central government to get the case investigated by the police or other probing agencies,” he said.

“If the police officer summoned deposes before the enquiry officer, he will be setting a high moral standard but he cannot be dictated terms because of the jurisdiction issue,” he added.

Differing with the above views, Supreme Court advocate Naushad Ahmad Khan said the DM had the power to investigate the case and summon the DCP as the incident took place in their jurisdiction and it was the duty of the police to maintain law and order as well as safeguarding life and liberty of the people.

“Even if the Delhi government does not have control over the city police, Section 174(1) and Section 176(1) Criminal Procedure Code empower a district magistrate of the state government to summon any officer whom he or she considers as a stakeholder,” he said.

Adding that the incident took place in an area that come under the jurisdiction of the DCP of New Delhi district, he asked, “The farmer committed suicide in full public view and heavy police presence in an area which falls under the jurisdiction of DM Sanjay Singh. The responsibility of maintaining law and order in the area lies on DCP Vijay Singh. Then who will be held responsible. The DCP will have to also reply as to how guest teachers were allowed to gather there and hold protest against the government. Why there were not stopped or evicted from the place?” “The police or anyone who has been summoned will have to appear before the commission of enquiry of irrespective of the fact who controls it,” he added.

He trashed the police’s argument of not joining the probe because the incident being investigated by the district magistrate is a subject matter of an FIR, which has already been filed. “Filing an FIR does not mean that the case cannot be investigated. “Additional FIRs can also be filed against a person who is found guilty by the enquiry commission,” he added.

DCP Singh has written a letter to the DM, saying that an FIR had been registered and police were probing the case. “Kindly refer to your letter dated 22.04.2015 regarding death of one person on 22.04.2015 at Jantar Mantar during the Aam Aadmi Party rally. In this regard, it is informed that the incident quoted by you is the subject matter of the case FIR registered at PS Parliament Street. Therefore, you have no jurisdiction regarding this matter,” the letter said.

Referring to Section 122 of the Delhi Police Act, he said the officer concerned can be punished as well if the information sought is not provided.

He urged the apex court to take cognizance of the matter and order a judicial enquiry into the incident which occurred only because of “criminal negligence” on part of the administration.

“Since there is a conflict of interest between the Delhi government and the Centre, the Supreme Court ought to step in to take suo motu cognizance and to form a commission of enquiry because a precious human life was lost,” he appealed the highest court of the country.

Meanwhile, an FIR filed by the Delhi Police in the case has mentioned that the Aam Aadmi Party workers were clapping and cheering when Gajendra was trying to hang himself. The police also alleged that the AAP workers prevented police from bringing down the body and insisted they would do it. This led to the farmer’s body falling to ground.

The police have submitted a detailed report of the case to Home Minister Rajnath Singh while a Crime Branch team which is probing the case has been sent to the village of the deceased in Rajasthan.

Rajnath has given a clean chit to the police and told Lok Sabha on Thursday that Gajendra climbed the tree with a broom and hanged himself and police called fire brigade so that they could climb up the tree. The police also asked people present there not to applaud and instigate the man, he added.