HC slams Punjab Police, gives DGP 24 hours to explain delay in FIR registration

Amidst Bar Association’s decision to abstain from work following police inaction in a case alleging assault on a lawyer, the Punjab and Haryana High Court has slammed the Punjab Police before giving the State’s Director General of Police 24 hours to file an affidavit explaining why an FIR has not been registered.

“Suo motu cognizance of the matter is taken as it appears to involve public interest concerning the community of lawyers registered with the Punjab and Haryana High Court Bar Association,” the high court asserted, while making clear its expectations regarding work resumption.

“Since the order has been passed, it is expected of all the lawyers to resume work at the earliest,” the Bench observed. The court was also of the view that the concept of strike was foreign to the Bar. The assertions came even as the Bar Association President SS Narula told the court that they were bound by a general body resolution to resume work only after FIR registration.

The suo motu case has its genesis in an incident that took place on November 30 in Kansal area of Naya Gaon in Mohali. It was alleged that five-six officials from CIA-I, Hisar, committed cognizable offences against advocate Amit, following which the victim filed a written complaint at Naya Gaon police station. But FIR was not registered even after 12 days.

The Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry asserted: “From the reading of the complaint, it prima facie appears that cognizable offences have been committed and yet it is not understandable as to why an FIR has not yet been registered, despite the law laid down by the apex court in the case of Lalita Kumari versus Government of Uttar Pradesh.”

The Bench observed the victim had also written to Mohali Senior Superintendent of Police on December 7 about the commission of said cognizable offence. “Let the case be taken up on December 17 for the State of Punjab to explain as to why a cognizable offence has not been registered. Let an affidavit of Director General of Police, Punjab, be filed by tomorrow,” the Bench asserted.

Appearing for the State, Senior Deputy Advocate-General Salil Sabhlok appeared virtually and assured the court that the DGP’s affidavit would be filed by tomorrow.

Narula, during the course of hearing, told the Bench that nearly 400 lawyers lived in Nayagaon area and its vicinity. Multiple complaints involving advocates were pending. Speaking for the Bench, Chief Justice Nagu said he was disheartened at the approach adopted. The right course was to approach the court in case of non-registration of FIR despite complaint alleging cognizable offence. “You are intellectuals. Come to the court. You don’t have to argue with the police.”

Justice Nagu asserted the court’s assurance not to pass adverse orders following work suspension were only for the first day of strike on Monday and not for an indefinite period. Reminding the advocates of their duty, the Bench asserted they were required to appear and argue for their clients whenever a matter was listed. “What about the litigants from far-off places? What answer should we give them? We are concerned about the litigants,” the Bench asserted.