Why Punjab cops probing cognisable offences without FIRs: High Court

Less than a fortnight after the Punjab Police was rapped for “novel and extra-legal method” of conducting an inquiry without registering an FIR, the Punjab and Haryana High Court has asserted that the case revealed a grim reality.

Chief Justice Sheel Nagu asked the State Director General of Police to explain “whether the tendency of conducting a preliminary inquiry to assess the veracity of allegations in the first information has been stopped and if not why”.

The Chief Justice also asked the DGP to elaborate upon the action against erring police officers. The directions came on a petition seeking the registration of a murder case against Baba Ranjit Singh Dhadrianwale.

Taking up the plea filed through counsel Navneet Kaur Waraich, Amarjot Kaur and Manpreet Singh Bhatti, Chief Justice Nagu asserted: “The case discloses sorry state of affairs, where instead of lodging an FIR based on the first information provided by the complainant on May 24, 2012, regarding an incident of rape and murder, the police embarked upon an illegal and unconstitutional inquiry to assess the veracity of the allegations.”

Referring to Section 154 of the CrPC/Section 173 of the BNSS, Justice Nagu asserted a statutory obligation was cast on the police to register an FIR without any unnecessary delay on the receipt of information regarding the commission of cognisable offences.

The court also took note of the state counsel’s contentions that the inquiry in the instant case was conducted to assess the veracity of allegations levelled in the first information. The statements of the complainant’s relatives were recorded and the matter was closed after approval of the senior police officers/officials.

Chief Justice Nagu observed the petitioner lodged another complaint on October 1 to the DGP, while referring to the incident of rape and murder regarding which the first information was given in May 2012. Directing the filing of the affidavit, the Bench fixed December 9 for further hearing in the matter.