Delhi HC dismisses plea to transfer illegal detention inquiry from cop who ‘slapped’ woman

Delhi HC Dismisses Plea to Transfer Detention Inquiry

Bharatmorningnews.com – The Delhi High Court on Tuesday rejected a petition seeking to move the investigation into police misconduct allegations against a woman from the jurisdiction of additional deputy commissioner of police (north-east) Sandeep Lamba. The court acknowledged that video recordings allegedly showing Lamba slapping a woman during the Cockroach Janta Party’s march to Parliament on July 20 had raised genuine questions about potential bias in the ongoing inquiry.

Justice Upholds Officer’s Right to Fair Assessment

Justice Girish Kathpalia, who presided over the bench, noted that transferring the inquiry solely based on video evidence of alleged improper conduct would unfairly prejudice the officer’s professional reputation. The judge stressed that Lamba was entitled to a thorough and impartial investigation, emphasizing that even if the findings confirmed he slapped someone, this single incident would not necessarily indicate partiality in all future matters.

“Just because he was caught in some video clip allegedly slapping a lady, we cannot tarnish him in black. Are we aware of the ground realities? How the crowd could have entered the Parliament and firing would have started, and so many would have died? The fundamental right to protest is there, but it does not extend to damaging the seat of sovereignty. You were approaching sovereignty and in such a situation, how has he tackled the crowd?”

The court further clarified that while citizens possess the constitutional right to demonstrate peacefully, this privilege does not authorize actions that threaten the integrity of the seat of sovereignty.

Background of the Case

The petitioner, a sixty-eight-year-old woman, initially filed her complaint in March 2025. She alleged that authorities transported her from her residence to a Jafarabad police station and detained her unlawfully during the night of March 24 and 25, 2025. Following this grievance, the high court directed an investigation a month later, which was subsequently assigned to Lamba for completion.

On July 27, the woman returned to the Delhi High Court with a fresh request, asking that the inquiry be removed from Lamba’s administrative oversight. She contended that media reports had extensively covered during the inquiry period showing the officer slapping a woman in full uniform during daylight hours. According to her petition, these developments eroded her confidence in the investigating officer and created reasonable apprehension of bias in the proceedings.

“Even if it is a case of overuse of power, that cannot be to tarnish him like this. 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. You are precisely casting aspersions. He also has a right to a fair trial and inquiry. I am assuming he is held guilty for slapping, does not mean that in every case he will be biased. Stop discrediting the institution.”

Final Disposition of the Petition

Delhi Police’s legal representative informed the court that the inquiry process had already been completed and the woman’s testimony had been properly documented, leaving no remaining issues requiring determination. The counsel explained that after concluding the investigation, additional DCP Sandeep Lamba had submitted the case file to the appropriate authority for a conclusive ruling, with the outcome to be formally communicated to the petitioner.

Based on this comprehensive submission, the court concluded that the petition served no practical purpose and dismissed it as infructuous, allowing the inquiry findings to proceed without further administrative intervention.

“Considering the statement of learned ASC, the present petition is held infructuous, so dismissed.”