HC slaps Rs1 lakh costs on Jalandhar police chief

The Punjab and Haryana High Court has imposed Rs 1 lakh costs on Jalandhar Police Commissioner Swapan Sharma after asserting that the law enforcing agency’s conduct showed “laxity and pathetic approach”.

The assertion came as Justice Sandeep Moudgil rapped the law enforcing agency for “sitting over” a matter. Expressing strong disapproval of the police’s conduct, Justice Moudgil also directed that the amount be deducted from his salary after observing that significant action was not taken for 2.5 years after an FIR was registered on July 20, 2022, under the provisions of the IPC and the Punjab Travel Professional Regulation Act, 2014. The FIR alleged that the accused defrauded the complainant on the false promise of arranging a work permit for Canada.

Despite multiple representations by the complainant to the police authorities, including the Commissioner of Police, no progress was made. “Following the issuance of a notice by the court on November 22, the investigation was suddenly concluded, and a challan was prepared within 10 days,” Justice Moudgil asserted

Terming this as a hasty attempt to “hush up the petition”, Justice Moudgil asserted the filing of the challan without conducting a fair and impartial investigation violated the petitioner’s constitutional rights under Article 21.

“This court is of the view that probably a cancellation report has been filed without conducting a free and fair investigation as is the right of the present petitioner guaranteed under Article 21 of the Constitution. This court is also considerate of Article 39-A that ensures equal justice for all and shoulders the burden of dispensing justice to the present petitioner which has not been done so far in letter or spirit by the police authorities,” Justice Moudgil asserted.

The court added it would be just and appropriate to penalise the law enforcement agency with exemplary cost. “Thus, Swapan Sharma, IPS, Commissioner of Police, Police Commissionerate, Jalandhar, is directed to be penalised with a cost of Rs 1 lakh, which shall be deducted from his salary only.”

The court also sought an affidavit from Punjab’s Director-General of Police certifying the deduction of costs from the Commissioner’s salary before setting the matter for further hearing on December 20.