Delhi HC appoints amicus curiae to assist in a plea seeking CBI probe of youth's death

Aug 10, 2023

New Delhi [India], August 10 : The Delhi High court has recently appointed an amicus curiae to assist the court in a plea of man seeking CBI probe of his son's alleged murder.
However, Delhi Police had lodged an FIR related to the murder. Petitioner has claimed that Delhi Police is not investigating the matter of the incident of July 2022 in North Rohini area in a proper manner.
Justice Amit Bansal has appointed advocate Madhav Khurana as amicus curiae to assist the bench in the plea moved by one Krishan Kumar.
"In the facts and circumstances of the case, this Court deems it appropriate to appoint Madhav Khurana, Advocate as an Amicus Curiae to assist the Court," Justice Bansal said in the order passed on August 4.
The bench ordered, " Let the complete file of the case along with the Status Report and the written response to be filed by the petitioner be provided to the learned Amicus Curiae."
The petition has sought a direction for transfer of investigation relating to FIR of 19 July, 2022 under Section 302 IPC registered at Police Station North Rohini to Central Bureau of Investigation (CBI) or any other independent agency.
Delhi Police has filed a detailed report on the petition. The bench has granted two weeks time to Advocate Amit Kumar, Counsel to file a written response to the Status Report.
This matter has been listed on October 11, 2023 for further hearing.
In August last year, trial court had refused to transfer the case to Delhi Police Crime Branch after considering the status report file by the Investigation Officer (IO).
The family of the deceased had apprehended the investigation is not being done properly.
The court had said, "It does not appear from the status report that IO is not making efforts in the investigation. At this stage, the court does not find any reason to transfer the investigation of the present case to the crime branch."
Earlier, the court had directed the Delhi Police to file a further status report on a plea seeking court monitor probe.
Delhi Police filed a report stating that 5 persons were produced in the court. The consent for their polygraph test was taken.
The Delhi Police had also apprised the court that on the night of the incident the deceased Rohit had consumed liquor at a bar in a mall in Rohini. Rohit then went to the house of Amit where the alleged incident occurred.
Advocate Amit Kumar had argued that the police have not taken into consideration the WhatsApp chat, screenshot and call record of the phone of the deceased which is with the police.
The application filed in the court had submitted that Rohit was allegedly murdered on July 17, 2022 and the police itself lodged an FIR under section 302 (Murder) IPC. His body was found in Rohini Sector 8 under a flat.