New Delhi: A Delhi court has pulled up Delhi Police for keeping a man in “illegal custody” for nearly two months in the Uttam Nagar murder case, despite the investigating officer (IO) allegedly realising on May 3 that he had been wrongly arrested.Additional Sessions Judge Shivali Bansal of Dwarka Courts ordered the immediate release of accused Imran alias Bunty, noting that the chargesheet itself admitted he was not involved in the murder of Tarun Butalia and had been arrested due to mistaken identity. The lapse came to light during proceedings on taking cognisance of the chargesheet in the March 4 Holi clash case in southwest Delhi’s Uttam Nagar.“To the utter dismay of this court, the IO did not take steps to secure the release of accused Imran alias Bunty till the filing of the chargesheet, despite being aware of the illegal custody,” the court said, observing that Imran remained in jail since March 8.The court further recorded that when asked when the error was discovered, the IO stated, “from his memory”, that it was on May 3, 2026, that he became aware that “accused Imran s/o Saifi Mohd was mistakenly arrested”.According to the prosecution, violence erupted after a coloured water balloon thrown by a minor girl from the victim Tarun Kumar’s family accidentally splashed a woman from another community during Holi celebrations. An altercation followed, after which several members of the woman’s family allegedly assaulted Tarun and his relatives. Tarun later died of his injuries in hospital. Eighteen people were arrested in the case, while two juveniles were apprehended.The court was informed that CCTV footage did not show any incriminating material against Imran. It noted that a crucial discrepancy related to the name of the father.“After perusing the statements of other witnesses, it is prima facie evident that accused Imran @ Bunty s/o Saif Mohd was not involved in the commission of the offence and that it was Imran s/o Umardeen who was involved,” the court observed.Opposing Imran’s release, the complainant’s counsel, advocate Sumit Kumar, argued that the accused allegedly admitted his role during police questioning and that lapses in identification should not automatically result in his release.However, advocate Abdul Gaffar, appearing for Imran, contended that statements made before police are not legally admissible as evidence under the Bharatiya Sakshya Adhiniyam and could not justify continued custody.The court ultimately ordered Imran’s release and took cognisance of the chargesheet against 17 other accused under provisions related to murder, mob lynching, attempt to murder, unlawful assembly, house trespass and the SC/ST Act.
