'Sheer Incompetence', Punjab & Haryana High Court Attaches Salaries Of SHO, DSP Over Failure To Track Proclaimed Offender For Almost 2 Yrs

Taking a stern view on “sheer incompetence” of the Punjab Police, the Punjab and Haryana High Court has directed to attach the salaries of a Station House Officer (SHO) and his senior, the Deputy Superintendent of Police (DSP) over their failure in apprehending a proclaimed offender, despite repeated court orders.

Justice Harpreet Singh Brar said, "This approach of the Punjab Police reflects sheer incompetence on its part. In spite of repeated orders passed by this Court, no tangible effort has been made to comply with the same. This conspicuous failure to perform their duty leaves this Court with no other option but to attach the salaries of the Station House Officer heading the Police Station where the FIR (supra) was registered as well as his supervisory officer i.e. Deputy Superintendent of Police. "

The Court noted that there is no interim order in favour of the accused by any Court of law and his plea for anticipatory bail was dismissed by the Supreme Court way back in 2021. In fact, the accused was declared a proclaimed offender in March 2023, "yet no steps have been taken by the police to apprehend him."

Justice Brar further highlighted that the jurisdictional police authorities had not made any concerted effort and all the measures taken by them, in compliance of the Court's order, appear to be "a mere eye-wash."

Furthermore, it noted that a lookout notice was cancelled by an Inspector which enabled the accused to travel abroad and a fresh lookout circular was only issued on November 12, after the Court had passed a detailed order.

Perusing the affidavit filed by Ferozepur Senior Superintendent of Police in pursuance of Court's direction the judge noted that, "upon scrutinizing the affidavit dated 08.12.2024, this Court has arrived at the conclusion that the two Inspectors, who occupy lower rung of the state police hierarchy, have been made scapegoats in the present case, in order to create a smokescreen."

"The conduct of the police authorities leads this Court to infer that senior officials are shying away from taking appropriate action against the accused, whose anticipatory bail has already been dismissed by the Hon'ble Supreme Court on 05.02.2021 and who was subsequently also declared a proclaimed offender on 02.03.2023. Till date, neither has the accused-escapee been arrested nor any concrete efforts have been made by the relevant police authorities to follow the drill of Section 83 of Cr.P.C," the judge added.

In the light of the above, the Court passed direction to attach the salaries of the DSP and SHO and also sought personal appearance of the Deputy Inspector General of Police (Ferozepur Range) and Senior Superintendent of Police, Ferozepur on December 16.

Ms. Anmol, Advocate and Mr. Arshdeep Randhawa, Advocate for the petitioner in CRWP-12219-2021.

Mr. Sunil Chadha, Senior Advocate with Mr. Paras, Advocate and Mr. Siddharth Sanwaria, Advocate for the petitioner(s) in CRM-M-10592-2022.

Mr. Deepender Singh, Addl. A.G. Punjab.

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