New Delhi: The Delhi High Court on Tuesday rejected a petition seeking the removal of Additional Deputy Commissioner of Police (North-East) Sandeep Lamba from the supervision of a court-directed police inquiry.
Justice Girish Kathpalia said allegations against an officer could not, by themselves, establish bias without due process. The judge said authorities must take action under the law if the officer committed any wrongdoing. However, the court could not presume his 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.
Viral video cited
The petitioner filed the plea 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 the police inquiry under Lamba’s administrative supervision.
Justice Kathpalia questioned whether the allegation against one officer could put the entire Delhi Police under suspicion. “Entire Delhi Police today is in the dock? Then should they stop registering FIRs?” the judge asked.
Inquiry already completed
At the start of the hearing, the Additional Solicitor General representing the Delhi Police told the court that the inquiry had already concluded. The law officer said the police had recorded the petitioner’s statement and sent the inquiry report to the competent authority for further action.
The court recorded the submission and dismissed the petition after finding that it had become infructuous. Even after the court dictated the order, the petitioner’s counsel asked it to consider subsequent developments involving Lamba. The counsel argued that these events had strengthened concerns about possible bias. The court refused to accept 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.
Officer entitled to trial
The judge said transferring the inquiry on the basis of the allegation would effectively amount to finding Lamba guilty without a 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 asked the court to direct the Delhi Police Commissioner to remove the inquiry from Lamba’s administrative control. She wanted the inquiry assigned to a Deputy Commissioner of Police posted outside North-East Delhi. According to the petition, the controversy involving Lamba and the reported administrative action against him had weakened public confidence in the inquiry’s fairness.
The petitioner clarified that she did not want the court to decide the allegations against Lamba. She argued that the appearance of impartiality was also important in a court-monitored inquiry.
Detention complaint behind inquiry
The dispute arose from an earlier petition in which the woman alleged that police had illegally detained her at Jafrabad Police Station on the intervening night of March 24 and 25, 2025. The High Court had ordered a police inquiry into her allegations.
The petitioner later challenged the manner in which the police conducted the inquiry. She claimed that officials had initially completed it without recording her statement or examining key parts of her complaint.
After the High Court ordered the police to record her statement before finalising the inquiry, she filed the present petition seeking to remove Lamba from its supervision.
The Delhi High Court rejected a petition seeking to transfer a police probe away from Additional Deputy Commissioner of Police (DCP) Sandeep Lamba after a video surfaced allegedly showing him slapping a woman protester.
What Was the Case About?
The Petitioner's Claim: A 68-year-old woman, who had filed a complaint regarding her alleged illegal detention at Jafrabad Police Station in March 2025, raised concerns about Lamba supervising her inquiry.
The Ground for Transfer: Following media reports and viral clips from the recent Cockroach Janta Party (CJP) Sansad March showing Lamba allegedly slapping a female protester, the petitioner argued that her faith in his impartiality had been compromised and sought a new, independent inquiry officer.
Key Observations by the Court
Presiding over the case, Justice Girish Kathpalia dismissed the plea and raised several points regarding institutional integrity and ground realities:
Presumption of Bias: The court stated that catching an officer on video allegedly involved in an instance of "overuse of power" during a chaotic protest does not automatically mean he will be biased in every independent inquiry assigned to him.
Ground Realities of Protests: Justice Kathpalia noted that courts must consider the volatile nature of large-scale demonstrations, emphasizing that while the right to protest is a fundamental right, it does not extend to threatening or damaging the "seat of sovereignty" (Parliament).
Right to Fair Trial: The court highlighted that transferring the inquiry purely on allegations from an unrelated video would amount to tarnishing the officer's image and pre-judging him without due process.
It added that if found guilty in that separate incident, the officer would face consequences as per law.
Final Ruling
The counsel representing the Delhi Police informed the court that the inquiry into the petitioner's complaint had already been completed, her statement recorded, and the final report submitted to the competent authority.
Taking note of the police submission that the probe was complete, the Delhi High Court dismissed the petition as infructuous (having no further legal standing to adjudicate).
