HC raps Amritsar Rural police for 5-year delay in arrest, cites collapse of probe supervision

Expressing shock that an FIR registered more than five years ago had failed to culminate even in the arrest of the accused, the Punjab and Haryana High Court on Tuesday came down heavily on the Amritsar (Rural) police for “complete failure” in the supervision of investigations.

Hearing a plea for anticipatory bail in an attempt to murder case registered at Beas police station, Justice N S Shekhawat asserted, “It is shocking to note that FIR in the present case was registered on July 6, 2020, and the accused has not been arrested for the last more than five years.”

The Bench asserted this was not an isolated instance but part of a disturbing pattern. “This Court has repeatedly noticed in various cases that there is no supervision of investigations in the District Amritsar (Rural) by the concerned Senior Superintendent of Police. The facts have been repeatedly brought to the notice of the State counsel in different cases,” Justice Shekhawat observed.

Taking note of collapse of policing in the district, the High Court directed the Punjab Director-General of Police to immediately depute an officer of Inspector-General (IG) rank to visit the office of the SSP, Amritsar (Rural), and personally examine the functioning of investigations.

The IG was told to prepare a list of all cases in which investigation had been pending for more than three years, besides identifying cases where files of investigating officers had gone missing, with steps taken to reconstitute them and initiate action against delinquent officials. He was further directed to compile a list of FIRs in which accused persons had not been arrested for more than a year, with necessary steps taken to declare them proclaimed offenders and attach their movable and immovable properties.

He was also required to prepare a separate list of cases under the NDPS Act where accused had not been arrested for over six months and to ensure immediate steps were taken to apprehend such smugglers.

Justice Shekhawat asserted the directions were unusual but unavoidable. “Generally, this Court is reluctant to pass such harsh directions, but in various cases this Court has noticed that the police machinery in District Amritsar (Rural) has completely failed and there is no supervision in all the investigations in the said district,” the Bench asserted.

The court with concern that the SSP failed to take corrective measures despite repeated instructions having been communicated earlier through the State counsel.

“Even, the directions have been issued from time to time to the concerned SSP through State counsel, but no action has been initiated. Consequently, this Court was left with no other option but to issue directions,” the Bench observed.

The matter has now been listed for August 20. The High Court also directed the Superintendent of Police, Amritsar Rural, to remain personally present in court. Meanwhile, the arrest of the petitioner in the FIR has been stayed till the next hearing.