HC directs Punjab DGP to probe jail officials’ role in drug smuggling
The Punjab and Haryana High Court has asked Punjab DGP to depute a “very senior officer” to examine all drug cases “where there are allegations of smuggling from various jails of the state”. The direction came after Justice NS Shekhawat rapped the SSP concerned for apparently adopting “a very casual approach” in interrogating the jail officials promoting smuggling from Amritsar Central Jail.
“It is expected that in all such cases, appropriate legal action shall be taken against the senior-most jail officials as well, who are normally spared by the police without any justification,” Justice Shekhawat asserted while directing Amritsar (Rural) SSP to remain present in the court along with the complete investigation record on May 16 — the next date of hearing in the matter.
The admonition came during the hearing of petitions filed in three connected cases, where the accused were allegedly indulging in smuggling while confined in Central Jail. The bench had earlier noted that such activities could not have been possible without the “active collusion” of senior jail officers and local police.
The bench added clear directions were issued to the SSP to personally examine the investigation file and file an affidavit explaining why jail officials had not been arrayed as an accused. But the officer assigned the task to a DSP. The court minced no words in stating that such conduct was “on the verge of contempt”.
“Once there was a specific direction to the SSP to read the file of the case personally and to take effective steps accordingly; he could not have delegated the matter further to a DSP,” Justice Shekhawat asserted.
As the matter came up for resumed hearing, the bench took exception to the manner in which the police were handling the probe. “It is apparent that the police of District Amritsar (Rural) have invented their own methods of investigation and the investigation was not conducted as per the mandatory provisions of the BNSS/CrPC,” Justice Shekhawat observed.
Expressing shock, the court noted that the police merely sent them official letters and were passively waiting for departmental action instead of interrogating the jail officials immediately and probing their role in smuggling.
“Surprisingly, the police is waiting for the senior jail officials to take departmental action against the suspects. As per the settled law, the criminal investigation can proceed independently, without even looking for the departmental action against the jail officials, who are suspected of providing phones and other support to the smugglers in the jail,” Justice Shekhawat observed.
Further lambasting the approach adopted by the police, Justice Shekhawat added queries were sent to the very person suspected of collusion. “This court is equally pained to notice that by way of official letters, certain queries have been put to the Superintendent of Police, Central Jail, Amritsar, who himself was a suspect, being head of the jail administration and without his active connivance, the mobile phones could not have been taken inside the jail,” Justice Shekhawat added.
