HC rejects status report, orders DGP to file fresh affidavit
The Punjab and Haryana High Court has rejected a status report submitted by a senior Faridabad police officer and directed Haryana DGP to file a fresh affidavit after observing that an IPS officer inflicted “punishment” on an official regarding an incident in which she was involved.
The Bench of Chief Justice Sheel Nagu and Justice Sumeet Goel observed that Deputy Commissioner of Police (DCP) Nitika Gahlaut passed an order dated August 22, 2019, inflicting punishment of "warning" to SI Ramesh Kumar. It was regarding an incident “in which the same very DCP Nitika Gahlaut is involved”.
The Bench observed that an "advisory" was also issued to her vide order dated April 12, 2019, stating that “she should get opinion of experts from time to time while conducting inquiry in cases relating to women and other serious nature”.
The Bench added Gahlaut was one of the persons against whom allegations were levelled. As such, “she ought not to be part of the process of conducting inquiry against others, involved in the same misconduct. It appears that officers seem to be hand in glove with each other”.
The Bench was hearing a petition challenging compensation and other recommendations made by the National Human Rights Commission (NHRC). It had, among other things, recommended compensation of Rs 50,000 to each victim and completion of investigation in two FIRs within a reasonable time.
“The third direction was to initiate departmental action against the DCP, NIT, Nikita Gahlaut, Assistant Commissioner of Police, NIT, Jai Prakash,” and others.
The Bench, on a previous date of hearing, took note of a status report filed by ACP Jitesh Kumar, stating that compensation had been paid to the victims. A closure report was filed in one of the FIR, while a chargesheet was filed in the other and trial was going on.
The Bench also had observed that the affidavit/status report was silent “as regards the other officials”. Before parting with the case, the Bench had directed the filing of an additional affidavit by the State of Haryana. A status report by way of an affidavit was filed by Jitesh Kumar in response to the order, which has been rejected.
