High Court accepts Fazilka SSP’s apology for affidavit irregularities

Saurabh Malik

Tribune News Service

Chandigarh, August 9

The Punjab and Haryana High Court has accepted an apology tendered by Fazilka SSP Pragya Jain in a case of procedural irregularities in an affidavit submitted on her behalf.

The court discharged the officer from the contempt proceedings after accepting her plea that the lapse was unintentional and had occurred due to inadvertence, miscommunication and time constraints.

The development follows a previous stern reprimand by Justice Sandeep Moudgil’s Bench, which had admonished the officer for her “callous” handling of the legal process. The case has its genesis in a habeas corpus petition seeking the release of a woman allegedly detained illegally by her family.

As part of the proceedings, the high court had directed SSP Jain to submit an affidavit verifying the genuineness of a marriage certificate and addressing other related issues.

However, when the affidavit was submitted, it lacked the SSP’s personal attestation, raising serious concerns about adherence to legal procedures. The affidavit was instead brought to the Notary Public, Rajesh Kumar, by an Assistant Sub-Inspector, who identified the deponent’s signatures.

Taking strong exception to the lapse, Justice Moudgil on the previous date of hearing had stated that an IPS officer of Jain’s rank and position was expected to strictly adhere to legal procedures. The Bench described the incident as a serious breach that had “shaken the conscience” of the court, potentially amounting to criminal contempt.

After considering the explanations and the apologies from both parties, the court accepted their submissions and discharged them from the contempt proceedings. The habeas corpus petition was also disposed of, with the court noting that the woman was now residing happily with her maternal uncle, resolving the primary issue of the petition.