Justice Girish Kathpalia orally remarked that while any wrongdoing by the officer would have to be dealt with in accordance with the law, it would be inappropriate for the court to assume guilt before a fair trial.
The Delhi High Court on Tuesday dismissed a petition seeking to remove Additional DCP (North-East) Sandeep Lamba from supervising a court-directed police inquiry, observing that allegations against an officer cannot, by themselves, justify presuming bias without due process.
Justice Girish Kathpalia orally remarked that while any wrongdoing by the officer would have to be dealt with in accordance with the law, it would be inappropriate for the court to assume guilt before a fair trial.
“You have to be fair. Stop discrediting the institution. Whatever that gentleman has done, he should face consequences. But that doesn’t mean you take away from his supervision the entire work,” the judge observed.
The plea was filed after videos purportedly showing Lamba slapping a woman during the recent Chalo Jantar Mantar protest went viral. The petitioner argued that the incident had created a “reasonable apprehension of bias” in a police inquiry that was being conducted under his administrative supervision.
Responding to the submission, Justice Kathpalia asked, “Entire Delhi Police today is in the dock? Then should they stop registering FIRs?”
At the outset, Additional Solicitor General, appearing for the Delhi Police, informed the court that the inquiry had already been completed, the petitioner’s statement had been recorded, and the report had been forwarded to the competent authority for further action.
Recording the submission, the court held that the petition had become infructuous and dismissed it.
Even after the order was dictated, the petitioner’s counsel urged the court to consider subsequent developments involving Lamba, arguing that they reinforced concerns over bias. The court, however, declined the request.
“Now just because this person happens to be caught on some video clip allegedly slapping a lady, we cannot tarnish him… Even assuming he is ultimately held guilty, can it be assumed that he will act unfairly in every case?” Justice Kathpalia observed.
The judge further said that transferring the inquiry on such grounds would effectively amount to holding the officer guilty without trial.
“If I transfer the inquiry on this ground… am I not tarnishing him? Am I not holding him guilty without trial? You are precisely casting aspersions by saying a person is biased. He also has a right to a fair trial,” the court said.
The petitioner had sought directions to the Commissioner of Police to withdraw the inquiry from Lamba’s administrative control and assign it to a Deputy Commissioner of Police posted outside North-East Delhi.
According to the petition, the controversy surrounding the officer and the administrative action reportedly initiated against him had undermined public confidence in the fairness of the inquiry. The petitioner clarified that she was not asking the court to rule on the allegations against Lamba but argued that the appearance of impartiality was equally important in a court-monitored probe.
The matter stems from an earlier petition in which the petitioner alleged that she had been illegally detained at Jafrabad Police Station on the intervening night of March 24 and 25, 2025. The High Court had ordered a police inquiry into the allegations.
