Saurabh Malik
Chandigarh, February 23
In a landmark judgment liable to reshape the handling of corruption allegations against police officials, the Punjab and Haryana High Court has asserted that their demeanor must motivate confidence and trust amongst the people in the system. The assertion came as the Bench dismissed a police official’s plea.
Justice Anoop Chitkara made it clear that their conduct must serve as a beacon instilling assurance and trust in the system, while underscoring the pivotal role of the force in maintaining law and order.
Justice Chitkara’s assertion is significant as it recognises the police as not only the enforcers of the law but also as the representatives of the State, symbolising authority, accountability, and commanding respect.
“The police are our law enforcement agency and the representatives of the State. The police officials symbolise authority, accountability, and command respect. Since they oversee law and order, their conduct must inspire confidence and faith in the system,” Justice Chitkara ruled.
The matter was brought to Justice Chitkara’s notice after a Punjab Police inspector sought the quashing of an FIR, the final investigation report under Section 173 of the CrPC and the dismissal of his application for discharge.
Justice Chitkara’s Bench, during the course of hearing, was told that the FIR in the matter was registered in November 2022 at vigilance bureau police station under the provisions of the Prevention of Corruption Act.
Referring to a video recording submitted against the petitioner placed before the Bench, Justice Chitkara asserted it showed that the officer was demanding money for the translation of certain documents, which was sufficient, prima facie, evidence against him at the current stage.
Justice Chitkara asserted the counsel for the petitioner should have pointed out rules authorizing the investigators to ask for payment for the translation. “Whether they could ask for the same under any rules is a matter of trial, and, in the absence of explicitly pointing towards such rules, it is not enough to disrupt the criminal proceedings. If the money asked for translation etc., is not taken as a bribe, some corrupt government employees might use this as a tool to extort money from citizenry under the colour of law. An allegation of demand for money for carrying out a public duty by anyone in the police force, without any specific reference of any rules, is a subject matter of trial, where the malicious intent must also be proved, “Justice Chitkara asserted, while dismissing the petition.
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