Investigation in 3,888 FIRs still pending for over 3 years, Punjab tells High Court

The State of Punjab has informed the Punjab and Haryana High Court that investigation is still pending in 3,888 FIRs for more than three years. The submission came as Justice N.S. Shekhawat’s Bench took on record an affidavit filed by Punjab Director-General of Police (DGP) in compliance with a previous order passed on May 28.

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Appearing before the Bench, the State counsel submitted that the number of FIRs pending for over three years stood at 4,591, when the case came up for resumed hearing previously on May 28. But charge-sheets, cancellation reports or untrace reports had now been filed in 703 such FIRs since then. The counsel further assured the Bench that every effort would be made to conclude investigation in the remaining 3,888 FIRs.

Fixing the matter for further hearing on September 15, Justice Shekhawat’s Bench directed the filing of a fresh status report by way of an affidavit by the DGP before the next date of hearing. The information provided to the Bench is a part of continuous judicial scrutiny into the alarming backlog of criminal investigations in Punjab.

Justice Shekhawat, on a previous date of hearing, had expressed shocked that investigation in cases registered in 2013 was stated to be still pending. “In several cases, the files of the investigating officers are missing for the last more than 10 years and it has been stated that the police file is under reconstruction. In a few cases, it has been found that the doctor’s opinion with regard to the injuries suffered by the victims have not been obtained for the last more than four years. Still further, in most of the cases, no efforts have been made to arrest the accused and thousands of criminals are on the run in one district of Punjab,” Justice Shekhawat had asserted.

The State counsel had, to begin with, contended that charge-sheet/cancellation/untrace reports had been filed in 1,463 FIRs out of total 6,054 pending for more than three years in April. Senior officials were appointed to oversee the remaining 4,591 FIRs, with an assurance to conclude the investigation at the earliest.

The development is significant as the law mandates that investigations in criminal cases must be conducted expeditiously to uphold the fundamental right to a fair trial under Article 21 of the Constitution. Section 173(1) of the Code of Criminal Procedure (CrPC) requires the investigating officer to complete the probe “without unnecessary delay.” The Supreme Court, too, has repeatedly asserted that undue delays violate an accused person’s right to speedy justice and could lead to quashing of FIRs or bail relief.

The court held that inordinate delays undermined the credibility of the criminal justice system. In Lalita Kumari’s case, the Apex Court reaffirmed that prompt investigation was a statutory obligation and deliberate delay warranted judicial intervention.