Delhi High Court Refuses to Shift Police Inquiry, Says Officer Cannot Be Tainted by Viral Slap Video
The Delhi High Court on Tuesday declined to transfer an inquiry into allegations of police excesses from Additional Deputy Commissioner of Police (DCP) Sandeep Lamba, who was recently seen in a viral video allegedly slapping a woman during the July 20 'Chalo Sansad' march. The court observed that a police officer cannot be presumed biased in every matter solely because of allegations arising from another incident.
“Just because he is caught on some video clip slapping a lady, we cannot tarnish him in black. Are we aware of the ground realities? How would the crowd have entered Parliament, and firing would have started? So many people would have died,” Justice Girish Kathpalia remarked.
“The fundamental right to protest is there, but it does not extend to damaging the seat of sovereignty. You were approaching sovereignty. In such a situation, how he has tackled the crowd, even if it is a case of overuse of power, that can’t be used to tarnish him like this,” the judge said.
The petition stemmed from an inquiry ordered by the court on April 8, 2025, into the complaint of 68-year-old Zarnigar Fatima. She alleged that she was forcibly removed from her residence during the holy month of Ramzan on the intervening night of March 24 and 25, 2025, and illegally detained overnight at the Jafrabad police station.
Advocate M. Sufian Siddiqui, appearing for Ms. Fatima, sought transfer of the inquiry from the Additional DCP, arguing that the officer’s conduct during the July 20 protest, coupled with his handling of his client’s complaint, gave rise to a reasonable apprehension of bias and warranted transfer to an independent officer.
The court, however, said transferring the inquiry solely on that basis would effectively amount to holding the officer guilty without affording him an opportunity to be heard.
“If I transfer the inquiry on this ground that in some other incident he is seen slapping somebody, is it not tarnishing? I am holding him guilty without hearing,” Justice Kathpalia observed.
The Delhi Police counsel said the plea had become infructuous, as the inquiry into Ms. Fatima’s complaint had been completed after recording her statement and that the matter had been forwarded to the competent authority for a final decision.
Taking note of the submission, the court observed that nothing survived for consideration in the petition.
