Friday, May 9
Delhi HC

Court Dismisses Police Commissioner’s Plea, Reinforces Accountability

New Delhi: The Delhi High Court has upheld the National Human Rights Commission (NHRC) order directing the Delhi Police to pay ₹50,000 as compensation to a doctor for failing to register a First Information Report (FIR). The court dismissed a plea by the Delhi Police Commissioner challenging the NHRC’s directive.

Doctor’s Complaint Ignored by Police

The case dates back to November 2021, when Dr. Neeraj Kumar filed a complaint with the NHRC, alleging that miscreants had illegally trespassed into his clinic and outraged the modesty of his female staff. Despite his call to the police control room, no FIR was registered. Taking cognizance of the issue, the NHRC had sought an Action Taken Report (ATR) from the Deputy Commissioner of Police (DCP), South Delhi.

Police Cites Loan Dispute, NHRC Unconvinced

The ATR revealed that the alleged miscreants were loan recovery agents from a Non-Banking Financial Company (NBFC), sent after Dr. Kumar defaulted on a loan repayment due to COVID-19. Since the loan dispute was later settled, the police claimed the doctor no longer wished to pursue the case.

However, the NHRC issued a show-cause notice in February 2023, questioning why the police should not be held liable for compensation. A second notice followed in May, and after receiving a police response in August, the NHRC ordered in September that ₹50,000 be paid to Dr. Kumar.

High Court Slams Police Conduct

In his February 24 order, Justice Sachin Datta dismissed the police’s challenge, noting that Dr. Kumar’s alleged withdrawal of interest in the case “appears to be misplaced.” The court criticized the fact that the doctor’s statement was recorded by the very same officer against whom the complaint was lodged.

Justice Datta further stated that the officer’s actions were “nothing short of an attempt to obtain a self-serving exculpatory statement” to evade accountability, reinforcing the NHRC’s decision to impose the compensation.

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