Notice of accusation served on Chandigarh cop, hearing on Jan 9

Chandigarh, December 9

Chief Judicial Magistrate Dr Aman Inder Singh has served the notice of accusation on Inspector Amanjot Singh of the Chandigarh Police for allegedly misbehaving with a Judicial Magistrate First Class.

Serving as the in-charge, Operation Cell, the cop has been issued notice for commission of offences punishable under Sections 186, 188, 228, 353 and 166-A of the Indian Penal Code.

Dismissing an application of the accused for termination of the proceedings, the court fixed January 9 as the next date of hearing in the case when trial evidence will take place.

The inspector had challenged the complaint on the grounds that necessary permission from the competent authority was not obtained before filing a complaint as per Section 69 of the Punjab Police Act-2007, extended to Chandigarh in 2010.

The court observed that the section provided that it would be applicable where an offence was allegedly committed by a public servant while discharging official duty. Unruly and disrespectful behaviour cannot be taken to be in discharge of official duty.

The court further observed that the bar to prosecution of a police officer without notice under this section extended only to acts done by the public servant in good faith or done in pursuance of the Act. It would be seen that the acts of accused as alleged by the complainant could by no stretch of imagination be termed as act done in good faith.

In a complaint filed before the CJM’s court under Section340 of the CrPC, JMIC Bharat accused the cop of misbehaviour on April 14 this year. The complainant alleged the cop also used unacceptable words and gestures towards the court in order to cause intentional insult and further to cause interruption in the judicial functioning of the court. The complainant stated that when he was doing his duty on the day of public holiday, an accused was produced by an ASI of the Operation Cell of the Chandigarh Police. The court directed the ASI to call the concerned officer, Inspector Amanjot, who signed the application for remand so that the application could be disposed of as per law. Later, the ASI and Inspector Amanjot reached the court. He said Amanjot was in civil dress and agitated. He started shouting why he had been called by the court. When the court asked whether he signed the application, Amanjot spoke in a very rough manner that he was not supposed to come before the court as he had authorised the ASI to appear before it.

In the notice of accusation, the CJM court stated that the accused, while discharging duty as a public servant, had appeared in the court without proper uniform and thereafter obstructed the Judge in discharging his judicial function and used intemperate language not befitting to a public servant and also used unacceptable words and gestures towards the court in order to cause intentional insult and further to cause interruption in the judicial functioning of the court.

The accused disobeyed the directions given by the court. The notice further alleged that the accused used criminal force on the complainant while he was discharging his duties as a public servant. On the charges, the accused pleaded not guilty and claimed trial.