Senior cops violated laws to help accused: Punjab and Haryana High Court

Saurabh Malik

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Chandigarh, February 22

In a major embarrassment for the Punjab Police, the Punjab and Haryana High Court has held that its senior officers were well aware of law relating to the investigations, but deliberately violated the same for extraneous considerations to help the accused.

Justice Manoj Bajaj asserted senior officers gave positive reports in favour of the accused and the subordinate investigating officer had no option, but to mould the final report to avoid senior police officer’s wrath. It encouraged criminals.

“The state of Punjab enjoys power of superintendence upon the Police Department. But it, too, has failed to check this illegal practice being carried out openly in every other criminal case,” Justice Bajaj asserted. The assertion came more than five years after a woman artiste was killed during celebratory fire at a wedding in Bathinda. An FIR was registered on December 4, 2016, at police station Maur in Bathinda, initially for murder and other offences. But murder offence under Section 302 was substituted with offences punishable under Section 304-A. The trial Court, however, framed charge under Sections 304 and 336. The Court of Bathinda Additional Sessions, subsequently, turned down a plea for alteration of charge to Section 302, following which the matter reached the High Court. Justice Bajaj asserted the trial Court, unfortunately, proceeded to frame the charge in a mechanical manner. It was imperative for the trial Court to evaluate the material on record.

Justice Bajaj added SP (Headquarters), instead of carrying out a pragmatic and meaningful investigation in the crime, interfered in the probe by illegally entertaining a representation. Justice Bajaj also noticed the trend adopted by senior police officers, who engaged themselves in holding inquiries on representations on behalf of the accused after registration of the FIR.

Justice Bajaj asserted the practice was prevalent largely in Punjab for a long time. Such reports based upon defence of the accused were often delivered in their favour. The inquiry officers illegally assumed judicial role during this exercise.

“The accused make an attempt to dig a secret tunnel to create an escape route to avoid punishment, as this kind of disintegrated procedure of investigation throws doubts on the prosecution case, and makes it fragile…. In order to combat with this menace, which attempts to pollute the stream of justice, the judiciary at all levels has to play a vital role in blocking these slip away points…,” Justice Bajaj asserted, while directing that the trial Court would frame the charges afresh and proceed with the trial.

Take necessary steps, state told

The state would take necessary effective steps to bring in order the procedure of investigation and prosecution of accused, in accordance with statutory provisions contained in the Code of Criminal Procedure. — Justice Manoj Bajaj, Punjab & Haryana High Court