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No sanction required to prosecute erring police official: Delhi HC

New Delhi: No sanction is required from the government to prosecute a police official accused of custodial violence, the Delhi High Court has said while sentencing a cop to 10 years of imprisonmnet for torturing a person to death.

A Division Bench headed by Justice Sanjay Kishan Kaul turned down the plea of a former Delhi Police sub inspector who had contended that no sanction was taken from government to prosecute him on the charge of murder.

“No sanction was really required in the present case since the respondent was alleged to have committed offences and such offences could not be said to be done in the course of duty,” the bench said.

“Every act of a policeman of beating and torturing a person is not covered by any protection nor does it form a part of his duties,” the court said while referring to its earlier judgement.

Rejecting the plea of former SI Rarnbir Singh, 63, the court reversed the trial court order acquitting him after giving the benefit of doubts.

“He was in violation of law and resorted to illegal means of third degree in his endeavour to extract confession, which in our view is a serious offence and needs to be tackled with a firm hand,” the bench said.

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