Delhi High Court Issues Contempt Notice To Police Commissioner Over Failure To Conduct Departmental Inquiry

The Delhi High Court has taken a firm stance against alleged non-compliance with its earlier directions, issuing notice on a contempt petition filed against the city's top police brass. Justice Mini Pushkarna, presiding over the single-judge bench, issued the notice on a plea alleging wilful disobedience of orders that mandated a departmental inquiry against an inspector for negligent investigation in a 2016 FIR.

The Long Shadow of a 2016 FIR

The case traces back to January 16, 2016, when an FIR was registered under Section 509 of the Indian Penal Code at Police Station Amar Colony. The petitioner, Mohinder Singh, approached the High Court in 2024, complaining that the investigation had languished for years with no conclusion. In February 2025, the court expressed serious concern over the investigating officer's conduct, noting that neither a status report had been filed nor the investigation wrapped up.

On February 14, 2025, the High Court directed the concerned ACP to file a status report and set up an inquiry into the conduct of the main investigating officer, Inspector Ashish Kumar. The court specifically sought reasons for the prolonged delay. By February 24, 2025, the Additional Standing Counsel informed the court that departmental action had been initiated against the inspector, with a promise to file a status report on the inquiry's progress.

Court's Directives and Alleged Non-Compliance

According to the contempt petition, however, no such status report was ever filed on the subsequent hearing dates—April 24, July 17, and October 27, 2025, nor on February 17 and July 15, 2026. Meanwhile, a chargesheet was filed before the Saket Courts in May 2025, accompanied by an application seeking condonation of a staggering nine-year delay. The Judicial Magistrate First Class declined to take cognizance and instead directed the Deputy Commissioner of Police to initiate action against Inspector Ashish Kumar in accordance with law.

The petitioner alleged that neither the High Court's directions nor the magistrate's directive were complied with, prompting the contempt action against Anurag Kumar, Commissioner of Police, Delhi Police, and Rakesh Kumar Sharma, ACP, Kalkaji. Inspector Ashish Kumar was arrayed as a proforma respondent.

Quashing of FIR Does Not Absolve Duty

During the proceedings on September 9, 2026, counsel for the respondents accepted notice and drew the court's attention to an order dated August 10, 2026, in the main writ petition, whereby the FIR in question had been quashed. The respondents argued that with the FIR gone, the basis for the contempt proceedings may have been undermined.

However, Justice Pushkarna was not persuaded. The court observed that regardless of the quashing, the directions for a departmental inquiry—issued on February 14 and February 24, 2025—remained operative. The court underscored that its earlier orders were not contingent on the survival of the FIR and that compliance with those directions was mandatory.

Court Orders Affidavit, Lists for 2027

"In view of the fact that there are directions already passed by this Court as contained in the orders dated 14th February, 2025, and 24th February, 2025, let Affidavit be filed by the respondents, within a period of four weeks, from today," the court ordered.

The court also granted the respondents' exemption application from filing legible copies of annexures, subject to compliance within four weeks. The matter has been listed for further hearing on February 3, 2027.

The case highlights the judiciary's insistence on accountability within the police force, even when the underlying criminal proceedings have been terminated. By refusing to let the quashing of the FIR derail the inquiry process, the High Court has sent a clear message that departmental action against errant officers cannot be sidestepped.