SP Jamnagar Himself Inquiring Into Alleged Beating, Abuse Of 14-Year-Old Boy By 'Police Personnel': State Tells Gujarat High Court

The Gujarat High Court on Friday (September 20) disposed of the plea for registration of FIR moved by the mother of a 14-year-old boy who was allegedly "beaten by police personnel", after it was informed that Jamnagar's Superintendent of Police (SP) is himself looking into the matter and would pass appropriate orders after considering all available material.

The mother had claimed that her son was "beaten-up and abused by the police personnel" in the district. She alleged that till date no FIR has been registered despite giving a complaint on June 18. 

During the hearing on Friday, counsel appearing for State submitted before a single judge bench of Justice Nirzar S Desai, that the SP of Jamnagar district is himself inquiring into the matter and the inquiry is ongoing. 

At this stage, the high court orally said that it would then dispose of the matter adding that "one must have faith in the highest officer of the district". 

The court then orally asked the petitioner's counsel what they had to say to the State's submission. The counsel appearing for the petitioner requested that the matter be kept at 2:30pm today.

To this the high court orally said, “See, I understand you may not have faith in any other officer. Your petition is for the registration of FIR. When none other than the highest officer of the district is looking into the matter, you must show some faith in him. I am disposing it of. I will grant you liberty in case of any difficulty". 

The counsel then said that the court may pass appropriate orders and if something is required to be brought to the court's notice, he would make a mention of the same. 

The high court thereafter in its order dictated, "...At the outset it was stated by learned PP Mr. Dave upon instructions that the Superintendent of Police (SP) Jamnagar is himself looking into the matter and even the CCTV footage is also directed to be retrieved for his perusal. After considering all available material the SP of the district shall consider the same and pass appropriate the orders upon application made by petitioner. He also submitted that in event if FIR is not registered it is always open for the petitioner to avail the remedy available under the law of filing complaint and therefore if this juncture the petition is disposed of that is not going to cause any harm or prejudice to the interest to the petitioner".  

"In view of the above statement as the SP Jamnagar is himself looking into the matter, the petition disposed of without expressing any opinion on the merit of the matter with liberty to the petitioner to avail appropriate remedy or to file a fresh petition as maybe advised to the petitioner. It is clarified that this court has not gone into the merits of the matter. Petition is disposed of," the high court said in its order. 

Before parting, the State's counsel said that he had seen for the first time that the SP himself was recording statements. 

The high court had in its August 23 order, after consider the nature of allegations, directed that by the next date of hearing either the concerned police officer shall register the FIR or the concerned SP will himself file affidavit before the high court.