HC raps Mohali police for persistent defiance of judicial orders, orders probe

Coming down heavily on the persistent defiance of judicial orders by the police, the Punjab and Haryana High Court has pulled up the Mohali police for posting “insensitive officers” as SHO and IO. Observing that they had “scant regard for the rule of law,” Justice NS Shekhawat ordered an inquiry before asserting that their conduct was shocking and on the verge of contempt.

“It is apparent that the SHO as well as the IO had not bothered to comply with the orders passed by the Court of Judicial Magistrate First Class, Dera Bassi, and have scant regard for the rule of law,” Justice Shekhawat observed.

The assertion came as Justice Shekhawat took note of their repeated failure to comply with directions issued by Dera Bassi Judicial Magistrate First Class. The Bench also ordered Mohali Senior Superintendent of Police (SSP) to furnish an undertaking on issuance of written instructions the same day to ensure that all SHOs working under him would comply with orders passed by all courts in the district.

The Bench also directed the SSP to conduct an inquiry and submit a report by the next date of hearing, while taking up the petition filed by Laika Makkar through counsel Pankaj Bains and Jatin Bansal. Makkar was seeking a direction to the state and other respondents to ensure fair and proper investigation in a matter.

“It is shocking to note that such insensitive officers have been ordered to be posted as SHO and IO, who have to deal with the public at large. A person, who is not bothered about the court orders, can never be expected to work efficiently as an SHO and an IO. Even the said conduct of the officials is on the verge of contempt as it amounts to interference in the administration of justice and lowers the dignity of the Courts,” Justice Shekhawat added.

In his detailed order, the court took note of the disturbing sequence of events displaying the brazen indifference of the officers to the judicial process. Justice Shekhawat asserted the Judicial Magistrate first sought a status report from the SHO on January 15, 2024, to be submitted by April 3, 2024. The matter was adjourned to May 22, 2024, when the report was not filed on the due date, Yet again, no status report was filed. On July 20, the court recorded that multiple opportunities had already been granted and still report had not been submitted.

Taking note of this non-compliance, the Magistrate issued bailable warrants against the SHO and the IO, and further ordered that their salaries be not released until further orders. A separate communication was also directed to be sent to the drawing and disbursing Officer to ensure compliance.

But the coercive measures also failed to elicit compliance. The bailable warrants were returned unserved, and fresh ones had to be issued. Intimation regarding withholding the salary was not received. Before parting with the order, Justice Shekhawat directed that the order “may” to be sent to the Director-General of Police for necessary compliance.