Delhi HC dismisses police's plea challenging NHRC's order to give compensation to doctor for non-registration of FIR

Justice Sachin Datta on Monday dismissed the petition moved by the Delhi Police and upheld the NHRC order.

Notably, the doctor had made a PCR call on November 24, 2021, alleging that some miscreants had trespassed into his clinic and misbehaved with female staff.

"Instead of complying with the directions of the NHRC, the petitioner resorted to taking refuge behind an inquiry conducted after the impugned order was passed by the NHRC which again seeks to attribute the inaction of the petitioner/police authorities to the reluctance of the complainant to pursue any complaint pursuant to the incident on November 24, 2021. As noticed above, the same is wholly misconceived," Justice Sachin Datta said in his judgment passed on February 24.

Justice Datta referred to a decision by a division bench in another case and said, " The petitioner is bound by the said directions of NHRC, unless the order is set aside by the court.

The Delhi Police Commissioner challenged the order of September 27, 2023, passed by the National Human Rights Commission (NHRC). NHRC has directed the police to pay the complainant doctor a compensation of Rs50,000 for the non-registration of FIR.

Additionally, the Delhi Police Commissioner had also challenged a show-cause notice (SCN) issued on May 13, 2023, to the Deputy Commissioner of Police, South District, Delhi, under Section 18 of the Protection of Human Rights Act, 1993.

The facts of the case are that on November 21, 2021, a PCR call was received at Police Station Malviya Nagar, informing that "kuch log yahan par jhagra kar rahe hai." The Investigation Officer (IO) processed to the spot, the police said.

According to the police, the IO met with respondent Dr Neeraj Kumar and inquired about the incident. The Police Commissioner, in its plea, submitted that the respondent doctor declined a medical examination and refrained from providing any written complaint.

It was further submitted that the staff members present at the location also refused to submit any written statement, as a result of which the IO could not file an FIR.

The next day, the doctor submitted a complaint to the NHRC, alleging that certain miscreants had illegally trespassed into his clinic and outraged the modesty of his female staff. He had further contended that despite making a PCR call, the police officials / investigating officer failed to take action.

The NHRC had observed, "In view of the above, the Commission confirms its show cause notice and recommends to the Commissioner of Police, Delhi, to release compensation of Rs 50,000 to the complainant/victim Dr Neeraj Kumar, and submit compliance report of payment along with of proof of payment within 06 weeks. It is, therefore, requested that the compliance report in the matter be sent to the Commission at the latest by November 18, 2021 so that the same could be placed before the Commission." (ANI)