Punjab & Haryana HC Flags Negligent Approach Of Police In Investigating Assault Case For 7-Yrs, Seeks Response Of DGP On Supervision Of Probe

The Punjab & Haryana High Court has sought an affidavit from the Director-General of Police (DGP) Chandigarh on supervising the investigation of cases delineated to senior police officers.

The development came after the Court found that in a case pertaining to assaulting a woman, the investigation was not concluded in 7 years and despite the Court's direction to SSP failed to file any affidavit on the same. Instead, the SP chose to furnish the "incorrect" explanation that the complainant had failed to join the investigation after she was contacted several times. 

Justice Sumeet Goel highlighted that "A perusal of the case diary reflects that it is only once in the year 2020 that the complainant was informed to join investigation. The FIR in question has been registered on 17.11.2017 and is still pending investigation."

The Court noted that the only reason coming forth in the affidavit filed by Ketan Bansal, SP, Chandigarh, is that the complainant was persistently asked to join the investigation again and again, but she failed and resultantly the investigation has not yet been concluded.

Perusing the case diary, the Court observed that the explanation of SP that the complainant was asked several times to join the investigation but she failed is "incorrect and appear to be against record".

"The mode and manner of investigation & the reason put forth for non-conclusion of the investigation, despite a lapse of about 07 years, appears to be inexplicable, both in law and on facts," it added.

During the hearing, the Court directed the OSD (Vigilance), Haryana to seal the case diary and keep it sealed in safe custody.

In light of the above, the Court directed the "DGP, Chandigarh...to file his affidavit delineating therein the responsibilities of the Senior Police Officer(s) including SSP, Chandigarh as also the concerned Superintendent of Police in supervising the investigation being undertaken by the Chandigarh Police."

It also directed the SSP, Chandigarh; Shri Ketan Bansal, SP, Chandigarh and the concerned Investigating Officer to file their respective clarificatory affidavits.

The matter is listed on October 15, for further consideration.

Title: XXX vs. U.T. of Chandigarh and another

Mr. Deepak Singh Saini, Advocate and

Ms. Vamika Johar, Advocate for the petitioner.

Mr. J.S. Toor, Addl. P.P. U.T. Chandigarh with ASI Harminder Singh, Cyber Cell, Sector 17, Chandigarh.