Delhi HC Refuses To Remove DCP Sandeep Lamba From Court-Ordered Inquiry, Says Bias Can't Be Presumed Without Trial

Justice Girish Kathpalia observed that while any proven misconduct by the officer must be dealt with in accordance with law, it would be inappropriate for the court to treat him as guilty 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 Court orally remarked.

Questioning the basis of the plea, Justice Kathpalia observed, "Entire Delhi Police today is in the dock? Then should they stop registering FIRs?"

At the outset, the 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 relief sought had become infructuous and dismissed the petition.

Even after the order was dictated, counsel for the petitioner pressed the Court to consider subsequent developments involving Lamba, contending that they strengthened the apprehension of bias. The Court, however, declined to entertain 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 Court further noted that transferring the inquiry solely on the basis of such allegations would 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 judge remarked.

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 plea, the controversy surrounding the officer and the administrative action reportedly initiated against him had eroded public confidence in the fairness of the inquiry. The petitioner clarified that she was not asking the Court to adjudicate the allegations against Lamba, but maintained that the appearance of impartiality was equally essential in a court-monitored investigation.

The matter arose 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 directed a police inquiry into those allegations.

The petitioner later challenged the manner in which the inquiry was conducted, claiming it had initially been concluded without recording her statement or examining crucial aspects of her complaint. After the High Court directed that her statement be recorded before the inquiry was finalised, she filed the present plea seeking transfer of the inquiry from Lamba's supervision.