29-07-2025
Delhi HC asks home ministry to conduct probe after authorities fail to share CCTV footage of assault at detention centre
Granting bail to two foreign nationals accused of attempting to flee from a detention centre and assaulting officials on duty in the process, the Delhi High Court on Monday suggested that the Ministry of Home Affairs (MHA) carry out an appropriate inquiry into the incident.
The instruction came after Justice Girish Kathpalia noted that 'It is quite surprising that footage of the CCTV cameras installed at the detention centre, namely Seva Sadan, Lampur, is being withheld from the investigator.'
The court made the observation after it called upon the prosecution 'to address submissions in order to rule out a possibility that the entire incident was fabricated to somehow help the detenues' from being deported to their countries of origin.
The accused in the case, nine foreign nationals – one of whom continues to remain on the run to date – had allegedly attempted to run away from the detention centre on February 23, 2024, after twisting the hand of an official and causing injuries to other officials in the scuffle that ensued. While two were caught inside the camp, six others were later apprehended from nearby areas. A First Information Report (FIR) was lodged in the case, and they were subsequently sent to judicial custody.
Two of the accused, represented by advocates Meghan and Anup Das, while seeking bail before the Delhi High Court, claimed innocence and told the court that they are only being 'used as a scapegoat', submitting that no such offence was committed and that they are facing 'racial discrimination and the principles of equality have been given a go-by'.
The accused also told the court that the whole matter 'is a cock and bull story and an attempt to convert other disputes into a criminal case by misusing the law.'
The Delhi Police, through the Narela police station Station House Officer, Inspector Rajendra Singh, had informed the court that while the incident was captured in CCTV cameras installed at the centre, it was unable to obtain the footage.
According to the police, they initially issued a notice under Section 91 of the Code of Criminal Procedure (CrPC) in March 2024 to the Superintendent, Department of Social Welfare of Delhi Government, who had responded that the department is only responsible for caretaking facilities and internal security is managed by the Delhi Police and external security by the Central Reserve Police Force (CRPF), with the CCTV footage also being maintained by the latter.
A notice under section 91 of the CrPC was then issued to the commanding officer, CRPF, SevaSadan, to which the force stated that cameras were not under their unit's jurisdiction and advised the police to approach the Foreigners' Regional Registration Office (FRRO). Another notice was issued to the Deputy Commissioner of Police, FRRO, to which the assistant commissioner (AFRRO) conveyed that CCTVs were installed by the social welfare department and the required footage should be obtained from them under section 65B of the Indian Evidence Act pertaining to electronic records.
Justice Kathpalia recorded, 'The Department of Social Welfare alleges that the CCTV is manned by CRPF; but CRPF alleges that CCTV is manned by FRRO; but the FRRO alleges that the CCTV is manned by the Department of Social Welfare… In view of the above mentioned peculiar circumstances of this case, learned APP (Assistant Public Prosecutor), after discussing with the SHO, Narela, submits that the Chief Secretary, Government of NCT of Delhi or the Secretary, Ministry of Home Affairs would be the competent authorities to carry out the necessary inquiries/investigation.'
'Therefore, copy of this order be sent to the Secretary, Ministry of Home Affairs, Government of India to carry out appropriate inquiry and, if necessary, investigation in accordance with law,' the judge added.
