HC admonishes Punjab Police, orders salary attachment over incompetence in tracking PO

The Punjab and Haryana High Court has lambasted the Punjab Police for its “sheer incompetence” in apprehending a proclaimed offender, despite multiple court orders and the dismissal of his anticipatory bail plea by the Supreme Court. Taking a stern view, Justice Harpreet Singh Brar ordered the attachment of salaries of a Station House Officer (SHO) and the Deputy Superintendent of Police (DSP) overseeing the case.  The Bench also summoned the Deputy Inspector-General (DIG) of Police (Ferozepur Range) and the Senior Superintendent of Police, Ferozepur, to appear in court.

“This approach of the Punjab Police reflects sheer incompetence on its part. In spite of repeated orders passed by this court, no tangible effort has been made to comply with the same,” Justice Brar asserted. The direction came after the court went through a detailed affidavit submitted by SSP Saumya Mishra. An FIR in the matter was registered in October 2020 for outraging modesty and other offences under Sections 354, 354-A, 506, 509 of the IPC and the provisions of the Information Technology Act. The offence of rape was added later on to the case registered at Kulgari police station in Ferozepur district.

Justice Brar took note of the submissions that departmental action was initiated against two inspectors, Gurpreet Singh for not making any efforts to comply with the provisions of law “when the accused was declared proclaimed person in 2023” and Gurjant Singh “for cancelling the lookout circular issued on November 17, 2020, “which resultantly facilitated the accused to travel abroad”.

“Upon scrutinising the affidavit dated December 8, this court has arrived at the conclusion that the two inspectors, who occupy lower rung of the State police hierarchy, have been made scapegoats in the present case, in order to create a smokescreen,” the court observed.

Justice Brar made it clear that the police’s failure to arrest the accused, even after concrete directives, reflected systemic inefficiency. “The conduct of the police authorities leads this court to infer that senior officials are shying away from taking appropriate action against the accused, whose anticipatory bail has already been dismissed by the Supreme Court on February 5, 2021, and who was subsequently also declared a proclaimed offender on March 2, 2023,” the court observed.

Justice Brar added neither has the accused-escapee been arrested till date, nor has concrete efforts been made by the “relevant police authorities to follow the drill of Section 83 of CrPC”. Referring to the facts and circumstances of the case, the court among other things added a hue and cry notice was issued at a belated stage – on December 3. “It seems that the jurisdictional police authorities have not made any concerted effort and all the measures taken by them, in compliance of the order, appear to be a mere eye-wash,” the Bench observed.

Before parting, Justice Brar took note of the State counsel’s assurance that the accused-escapee would be “promptly submitted to the process of law”. Directing him to file a compliance report before the next date of hearing, the Bench ordered forwarding of the order to the Director-General of Police for information