Deal each case separately before lodging FIRs: HC to Haryana

CHANDIGARH: In a significant judgment that will change the way criminal proceedings are being initiated against “impersonating” JBT teachers, the Punjab and Haryana High Court has directed Haryana to deal with each case separately before lodging FIRs.

Saurabh Malik

Tribune News Service

Chandigarh, October 9

In a significant judgment that will change the way criminal proceedings are being initiated against “impersonating” JBT teachers, the Punjab and Haryana High Court has directed Haryana to deal with each case separately before lodging FIRs.

“Only if a case for criminal prosecution is made out after due application of mind, the same would be initiated,” Justice Deepak Sibal has asserted. The direction came on a petition filed by Rohtash and other petitioners.

Displaying the humanitarian side of law, Justice Sibal added: “It is the prerogative of the state to initiate criminal proceedings against persons, who, according to it, have indulged in impersonation and fraud, especially when such action is being taken under orders of this court. But initiation and then pendency of criminal proceedings against an individual has serious consequences, not only on him and his future, but also on his family. It is, therefore, expected that Haryana would consider each case with seriousness it deserves before initiating criminal proceedings against each individuals. As an abundant caution, a direction is issued to the state that before lodging the FIRs, each case will be considered and dealt with separately…”

The selection of JBT teachers was earlier challenged before the High Court through a bunch of petitions. One of the grounds of challenge was that the candidates were required to pass the School Teacher Eligibility Test conducted by the Haryana Board of School Education for selection as JBT teachers. But large-scale impersonation in the test was alleged.

The High Court, through an interim order, directed the comparison of the candidates’ thumb impressions on the application forms and STET OMR sheets with sample thumb impressions of the candidates. The process was to be carried out by the Madhuban Forensic Science Laboratory. A report was also directed to be submitted.

After hearing counsel for the parties and going through the case record, including the FSL report, the case was disposed of on August 3 with a direction to the state to take disciplinary action and initiate criminal proceedings.

In compliance with the orders, the petitioners serving as JBT teachers were served with charge-sheets. Impersonation and fraud on their part was alleged therein. The petitioners submitted replies to the charges but rushed to the court without awaiting the outcome.

“Once charge-sheets have been served upon the petitioners to which they have submitted their replies, they should have not rushed to this court without awaiting the final outcome thereupon. Thus, the present petition is clearly premature…,” Justice Sibal asserted.