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Five years after Delhi biker was ‘shot dead by police’, court orders FIR against officer

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‘Appalled’ court notes how entire Delhi Police machinery was geared towards showing that inspector Rajnish Parmar was ‘not at fault’.

New Delhi: Five years after a 19-year-old motorcyclist was allegedly shot dead by a police inspector in central Delhi, a district court Monday directed the Delhi Police to register an FIR against the official and file a report within three weeks.

On 28 July 2013, Karan Pandey was riding pillion with a friend in the area when he was allegedly shot dead by inspector Rajnish Parmar, who reportedly opened fire in an attempt to stop a group of bikers from performing stunts in the high-security part of Delhi.

The court also ordered that an investigation in the case be conducted by an officer  superior in rank to the inspector and under the direct supervision of the Delhi Police commissioner.

In a scathing order to the Delhi Police, the court said it was “appalled” to note that no case was registered against the officer by the investigation agency and how the entire machinery was directed towards showing that the inspector was “not at fault”.

The court said that an attempt was being made by the Delhi Police to show that the victim did not die of a firearm injury caused by the inspector.

“We have just received the order. We will study it and take action accordingly,” said Madhur Verma, deputy commissioner of police, New Delhi.

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‘Precious years wasted’

In its order, the court said that Delhi Police is answerable for not opting to register a separate FIR against the officer.

“Here, the entire machinery is directed towards showing that the complainant is not at fault. In the process five precious years were wasted,” it added.

Following the 2013 incident, a magisterial inquiry was initiated into the matter, which held Parmar guilty. However, a departmental inquiry conducted by the Delhi Police gave him a clean chit, concluding that “no evidence comes across which link the bullet injury of deceased and weapon used by inspector”.

Karan’s mother Manju Pandey had earlier submitted several written complaints to the police, the Chief Minister’s office, the Lieutenant-Governor’s office and the National Human Rights Commission, demanding the registration of a case under Section 302 (murder) against Parmar, but to no avail.

“I feel relieved. At least the court heard me and passed an order to register a case against the inspector who brutally murdered my son. I fought for this order for five years,” she told ThePrint.

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‘Subverting rule of law’

Demanding answers from the investigating agency, the court asked why a case was not made out when Karan’s death occurred as a result of hemorrhagic shock, consequent upon  ammunition fire.

“The report of the ballistic expert has not ruled out that the death was caused by the revolver. If it was done by the inspector in self defence it is a matter of trial,” the court said.

The court also asked why the investigation in the matter was not conducted by an officer superior in rank to the inspector.

“Not having done so raises doubts if the investigation was unbiased and fair yet again subverting the rule of law,” the order said.

The court also questioned “the fairness” of the investigation. It added that the necessity of the shooting is “questionable” as the evidence on record does not show any unlawful assembly or stone pelting that may have triggered the cop to open fire.

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