Wed, 14 Apr 2021

New Delhi [India], February 26 (ANI): A Delhi court on Friday directed Delhi Police to conduct an investigation in a fair and impartial manner in the case against the January 26 accused Deep Sidhu and said that Investigating Officer is not supposed to collect the evidence only to prove the guilt of the accused, rather he has to bring true picture before it.

"The Investigating Officer is duty bound to conduct proper investigation in the matter in fair and impartial manner. He (IO) is not supposed to collect the evidence only to prove the guilt of the accused, rather he has to bring the true picture before the court," the court said.

Chief Metropolitan Magistrate Gajender Singh Nagar said: "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 accused (Sidhu) is trying to mislead the investigation by fabricating false evidence."With this direction, the court disposed of the plea filed by Deep Sidhu seeking fair probe.

Delhi Police said that accused cannot guide the police to conduct investigation in a particular manner and police is duty bound to conduct fair and impartial investigation.

However, the accused cannot be allowed to divert the investigation of the police from its path, the prosecutor said.

Earlier today, Deep Sidhu urged the Delhi Court to preserve the CCTV footage of the Red Fort which is already with the investigating agency and said visuals show that he did not participate in any act of violence and rather he was helping the police in pacifying the crowd during January 26 Red Fort violence.

Appearing for Deep Sidhu, advocate Abhishek Gupta told Chief Metropolitan Magistrate Gajender Singh Nagar that the applicant accused is apprehensive that the CCTV footage of Red Fort from 10 AM to 4 PM and the video will also not be considered by the investigating agency.

Sidhu, therefore, sought direction from the Court to preserve the CCTV footage, call and made part of the record so that it would help him to prove his innocence.

Sidhu's lawyer Advocate Gupta also sought to conduct fair and impartial investigation in the matter.

The lawyer also told the court he was falsely implicated in the matter and made victim of the circumstances.

Advocate Abhishek Gupta also apprised the court that Sidhu had shared various videos in the public domain with the Investigating Agency which show his innocence, however, there was no interrogation done with respect to the said videos while in police custody and that therefore, the applicant is apprehensive that fair and impartial investigation may not be done in the instant case. That all the videos/proof of the innocence of the applicant/accused were provided to the investigating agency in a pen drive, he said.

"That during the investigation/interrogation it was clearly stated by the Applicant/accused that no call was ever made by him in connection with going to Red Fort on the Republic Day nor did he join any tractor rally (All Videos containing the statement of Applicant shared with the Investigating Agency). It was also indicated that there were certain videos wherein some others were calling upon farmers to reach Red Fort on Republic Day (All videos containing such statements shared with the Investigating Agency), " Sidhu's lawyer submitted.

He also told the court that during investigation it was also disclosed by Sidhu that he was at a hotel at Murthal till 12 PM on January 26 and that he left for Delhi only after checking out.

He also stated that the CCTV footage of the concerned hotel, which was in working condition, and the checkout bill showing the time/payment details, as online payment was made, be obtained to ascertain the said fact (CCTV footage of Hotel Shree Ji Murthal of January 26, 2021 from 8 AM to 1 PM along with bill paid and mode of payment along with its accurate time).

He told the Court that Sidhu reached the area around Red Fort only around 2 PM and he also gave the entire route from Murthal. Huge crowd had already gathered at the spot before Sidhu reached there. For the said purpose, Sidhu had asked the Investigating Agency to obtain his own phone location and also the car navigation system, however, the investigating agency has chosen not to check the said evidence which completely belies the case thrusted upon the applicant, the lawyer said.

Sidhu was arrested by the Delhi police special cell on February 9 for his alleged involvement in 26 January violence in the national capital after which was he was sent to seven-day police custody the same day.

Currently, he is in judicial custody in the matter. Delhi Police had earlier told the Court that Deep Sidhu was the main instigator. He allegedly instigated the mob not to follow the permitted route of the Kisan parade and to breach barricades with tractors on January 26.

Delhi Police had told the Court that there was video evidence to show that Sidhu entered Red Fort with supporters carrying lathis and flags. Delhi Police also told the court that he was at the rampart of the fort where a flag was raised.

On Republic Day, protestors did not follow the prearranged route and broke barricades to enter Delhi, clashed with police, and vandalised property in several parts of the national capital during the farmers' tractor rally. They also entered the Red Fort and unfurled their flags from its ramparts.

Farmers have been protesting at the different borders of the national capital since November 26 against the three newly enacted farm laws: Farmers' Produce Trade and Commerce (Promotion and Facilitation) Act, 2020; the Farmers Empowerment and Protection) Agreement on Price Assurance and Farm Services Act 2020 and the Essential Commodities (Amendment) Act, 2020. (ANI)

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