A court in Delhi on Tuesday rebuked the police for not coordinating properly with the prosecution in a case related to the communal violence that took place in the city in February 2020, reported Live Law. The court also said that the police officers involved in the case seemed to have a “confused conduct”.
The Delhi Police had filed an application in the sessions court for the case to be transferred to a magistrate court. The police counsel argued that Section 436 of the Indian Penal Code, which pertains to “mischief by fire or explosive substance with intent to destroy house”, was not applicable in the case.
After the police submission, Additional Sessions Judge Amitabh Rawat said that all the other offences in the case were bailable and the accused person “should not have been sent to custody”, The Indian Express reported.
“Is this a joke?” the judge asked the police, according to Live Law. “Is police custody a joke? You yourself don’t know what to do. When is Section 436 IPC invoked? Does this FIR [first information report] contain ingredients of Section 436?”
Later on Tuesday, the police informed the court that it had spoken to the special public prosecutor, and decided to withdraw the application for the transfer of the case.
The judge then told the...