Updated: February 27, 2021 1:42:42 pm
Observing that the investigating officer is “not supposed to collect evidence only to prove the guilt of the accused, rather he has to bring true picture before the court”, a Delhi court has asked Delhi Police to conduct its investigation “in a fair and impartial manner” in connection with the Red Fort violence on Republic Day, after actor turned activist Deep Sidhu claimed he was trying to pacify the crowd there on January 26.
Police told the court that Sidhu was trying to “guide police to conduct investigation in a particular manner”.
Sidhu has been arrested for allegedly instigating violent protesters at the monument.
Chief Metropolitan Magistrate Gajender Singh Nagar, who passed the order on an application filed by Sidhu through his lawyer Abhishek Gupta, stated, “Police officials are directed to investigate on the points as mentioned in the application made by the complainant to unearth the truth. Furthermore, appropriate action may be taken and appropriate sections may be added if the accused is trying to mislead the investigation by fabricating false evidence. IO is duty bound to conduct proper investigation in the matter in fair and impartial manner. He is not supposed to collect evidence only to prove the guilt of the accused, rather he has to bring the true picture before the court.”
Sidhu’s lawyers had moved court asking it to issue directions to the investigating agency to include all videos and other material showing “innocence” of accused on the record.
Additional Public Prosecutor Rajiv Kamboj, who appeared on behalf of police, told the court that “accused cannot guide the police to conduct investigation in a particular manner”.
“Police are duty bound to conduct a fair and impartial investigation. However, accused cannot be allowed to divert investigation of police from its path. It is argued that by moving the present application, he is trying to guide the investigation being done by the police,” Kamboj said.
Sidhu’s lawyers argued that “CCTV footage of the Red Fort is already with the investigating agency which shows the applicant/accused did not participate in any act of violence and rather he was working with the police in pacifying the crowd”.
“That applicant/accused is apprehensive that the said CCTV footage (from 10 am to 4 pm) and the video will also not be considered by the investigating agency,” the court was told.
Gupta told the court that Sidhu reached the area around Red Fort “only around 2 pm and he also gave the route from Murthal. Huge crowd had already gathered at the spot before he reached there. He had asked the investigating agency to obtain his phone location and also the car navigation system. However, the investigating agency has chosen not to check the said evidence…”
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