Delhi Court Orders DRI to Revise Guidelines Following Officer Misconduct

Delhi Court Orders DRI to Revise Guidelines Following Officer Misconduct
Delhi Court Orders DRI to Revise Guidelines Following Officer Misconduct
Delhi Court Orders DRI to Revise Guidelines Following Officer Misconduct
Delhi Court Orders DRI to Revise Guidelines Following Officer Misconduct

Delhi Court Orders DRI to Revise Guidelines Following Officer Misconduct

Delhi Court Orders DRI to Revise Guidelines Following Officer Misconduct

Court’s Decision on DRI Officer Misconduct Case

A Delhi metropolitan court has taken cognizance of various offenses against four Directorate of Revenue Intelligence (DRI) officers, including abduction and abetment of suicide, and directed the agency to revise its raid guidelines. The case involved a suspect who allegedly took his own life due to illegal detention and mistreatment by DRI officers during a raid.

Details of the Case

The DRI conducted a raid at the office, shop, and residence of the victim, Gaurav Gupta, in April 2018. The raid extended into the next morning, and Gupta and his father were taken to the DRI office. Tragically, Gupta ended his life by jumping out of a window. Initially, an FIR was registered for murder, but after investigation, a cancellation report was filed, and it was deemed a case of suicide.

Delhi Court Orders Revision of DRI Raid Guidelines After Officers Face Charges

Prima Facie Case of Suicide

The court, in a recent order, stated that it was “prima facie” a case of suicide but questioned whether something had transpired at the DRI office that drove the victim to take his own life. The victim’s father asserted that during the raid at their residence, a DRI officer pointed a revolver at his son, and four raiding team members physically assaulted them. At the DRI office, the victim could hear his son being beaten in the adjacent room.

Illegal Detention and Abuse

The court found that the victim and his father were detained without following due procedure, which was an abuse of power. They were not given an opportunity to speak with family members or advocates after the raid, and the victim was taken to the DRI office, where he was allegedly beaten and abused during further interrogation. This mistreatment deteriorated his mental condition and led to suicide.

Cognizance of Offenses

The court found sufficient material on record to take cognizance of offenses against the four DRI officers, including charges under various sections of the Indian Penal Code (IPC). It directed the Investigating Officer (IO) to file an information sheet for all four accused persons and issue summons to them.

Need for Revised Guidelines

The court highlighted the lack of judicial guidelines and procedural safeguards for agencies like the DRI and customs, unlike the checks and balances in place for police investigations. In response, it directed the DRI to revise its guidelines, including guidelines for raid procedures. Some of the suggested guidelines include video recording and preserving raid proceedings, providing suspects with an opportunity to consult their advocate, not detaining anyone without following legal procedures, and audio and video recording of suspect interrogations.

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