A plea of five Delhi Police personnel against a notice issued by a trial court for their prosecution in the case related to the June 2011 Ramlila Maidan midnight crackdown on yoga guru Ramdevs rally has been rejected by a city court.
The five policemen had been accused of exceeding their orders during the crackdown.
Additional Sessions Judge Narinder Kumar rejected the petition of the five men who had challenged the magisterial court order by which notices were issued to them to appear before it so that the case against them could proceed.
Sub-Inspector Sushil Kumar,Head Constable Vijender Singh and Constables Krishan Pal,Ravi and Dinesh Kumar were chargesheeted by the Delhi Police under Section 336 IPC (endangering life and personal safety of others) for their role in the police crackdown on the anti-corruption rally called by Ramdev at the Ramlila Grounds on the intervening night of June 4-5,2011.
On October 2,2012,a magisterial court had served a notice on them seeking their appearance in the case to face proceedings. The court observed that the cognisance of offence has already been taken and the case has to proceed.
The policemen had challenged the order claiming that the magistrate had taken cognisance of the offence after expiry of the limitation period of three months from the date of the incident as provided in the Delhi Police Act.
The ASJ on Wednesday,however,noted that the case was filed under the directions of the Supreme Court.
In view of the specific directions issued by the apex court on February 23,2011,giving three months time to police for investigation and presentation of chargesheet and also having regard to the fact that it took sufficient time in establishing the identity of the accused police officers,this court finds that the bar under the Delhi Police Act is not attracted, he said and dismissed their plea.