Take action against DCP, DSP: Panchkula court

Saurabh Malik

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Chandigarh, October 15

A cancellation report submitted by the police on the basis of a compromise in a couple’s suicide case has boomeranged. Rapping the then Deputy Commissioner of Police for complete non-application of mind, a Panchkula court has ordered the Haryana Director-General of Police to take appropriate action against him, along with DSP Sheetal Singh Dhariwal and SI Pawan Kumar.

It is a matter of great misfortune for the country that accused in heinous crimes are being let off so casually by the investigation agencies — Nitin Raj, Chief Judicial Magistrate, Panchkula

Directions have also been issued to the State Home Secretary to look into the matter and take appropriate action against the “erring police officers”. The directions came after Panchkula Chief Judicial Magistrate (CJM) Nitin Raj refused to accept the cancellation report before sending the matter back for further investigation.

“It is a matter of great misfortune for the country that accused in heinous crimes are being let off so casually by the investigation agencies. This shows that the investigation agency requires a lot of sensitisation and training on the provisions of the IPC, the CrPC and relevant rulings of Apex Court and the high courts in the matter,” CJM Raj asserted.

The case has its genesis in an FIR registered on April 26, 2017, against two persons named in the suicide note for abetment of suicide and another offence under Sections 306 and 34 of the IPC at the Kalka police station.

CJM Raj asserted the investigating officer failed to probe the matter to ascertain the actual reason for the deaths. He conducted perfunctory investigation on mere statements of the villagers. The court, however, could not turn a blind eye to the fact that two youngsters had died and named the accused in their suicide note.

The CJM asserted the court could not abdicate its duties on the “precocious plea” that the investigation is the exclusive prerogative of the police. Referring to a letter on cancellation report by the DCP, he CJM asserted its perusal established that he did not apply his mind and merely affixed his stamp with signatures. The Punjab Police Rules, applicable to Haryana, made it clear that the gazetted officers in important cases were required to supervise the investigation and visit the scene of occurrence if necessary.

But the manner in which the investigation was supervised compelled the court to express the opinion that the DCP, Panchkula, entirely failed to discharge his obligation. “The IO and the DCP conveniently seem to have forgotten the basic premise of criminal jurisprudence that a crime is an offence against the state and not against private individuals and have filed the cancellation report in the matter on the basis of a compromise amongst the relatives of the deceased in a panchayat, ignoring the fact that an offence under section 306 read with 34 IPC is non-compoundable,” CJM Raj added.