HC raps Haryana Police for 'callous approach' in probing land case

Saurabh Malik

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Chandigarh, December 15

The Punjab and Haryana High Court has rapped the Haryana Police for “callous approach” in probing a land matter, after which Hisar Superintendent of Police has undertaken to conduct a fresh inquiry. Justice Sandeep Moudgil of the High Court has already asserted that the initial inquiry by the police did not appear to be “more than mere eyewash”.

Manner of probe not acceptable

Such an approach of the state’s law enforcing agency and the manner in which the investigation seems to have been carried out, wherein crores of rupees are involved in a land transaction, is not acceptable to this court. Justice Sandeep Moudgil, Punjab & Haryana high court

The matter was brought to Justice Moudgil’s notice after a petition was filed against the State of Haryana and other respondents. Among other things, senior counsel Atul Lakhanpal contended on the petitioner’s behalf on the previous date of hearing that a status report filed in the matter made it evident that his representation was spiked after conducting an inquiry.

Lakhanpal contended that the dispute was held to be of civil nature, whereas the element of cheating and fraud was writ large on the face of it in the instant case. Justice Moudgil was also told that the matter pertained to more than 99 kanals in Hisar district, but it was being confined to just over 15 kanals.

Justice Moudgil asserted an affidavit placed before the Bench merely observed, without giving any reasons that the transactions regarding land sale were made through cheques. Some transactions were made orally, but the complainant failed to produce evidence. As such, the inquiry was concluded after holding that the dispute was of civil nature. Justice Moudgil asserted the status report by the State of Haryana was not satisfactory. It was evident from the report’s perusal that the complaint was ordered to be filed erroneously after recording certain statements without justifiable reasons and examining the factum of cheating and fraud. It, prima facie, gave an impression that the endeavour was merely to hush up the matter and serious attempt was not made to examine and investigate the transaction details.

“Further such an approach of the state’s law enforcing agency and the manner in which the investigation seems to have been carried out, wherein crores of rupees are involved in a land transaction, is not acceptable to this court,” Justice Moudgil added.

As the case came up for resumed hearing, Hisar Superintendent of Police Lokender Singh appeared before the Bench pursuant to the directions in an earlier order. After hearing the contentions, Justice Moudgil asserted the officer made attempts to clarify certain issues on conducting the inquiry. But it was unacceptable to the court. Faced with the situation, he undertook to “further conduct a fresh enquiry into the matter and examine the whole issue”, Justice Moudgil asserted, while fixing the case for February next to await the inquiry report.