Punjab & Haryana High Court Imposes ₹1 Lakh Cost On Police Commissioner For Inaction In Visa Fraud Case
Observing "due to the deliberate laxity on the part of the investigating authorities no action was taken by the police authorities despite lapse of nearly 2 year", the Punjab & Haryana High Court imposed a cost of Rs 1 lakh costs on Jalandhar Police Commissioner.
An FIR was lodged alleging that the petitioner was duped of over Rs. 4 lakh rupees for providing work permit in Canada.
Justice Sandeep Moudgil said, "The aforementioned conduct of the Law Enforcing Agency of the State shows the laxity and pathetic approach on their part, who kept sitting over the matter for last 2 and half years."
The bench noted that the FIR was lodged in July 2022 and the police has not yet completed the investigation for which the present petitioner has been duly representing the matter to the authorities including Commissioner of Police Jalandhar to take appropriate action.
It also noted that the case file also levels allegations that the authorities have been "hand in glove with the present accused as neither any action has been taken against the culprits nor efforts are being made by them, to conclude the investigation."
Upon issuing of notice on November 22, the status report was filed by the Police/
Perusing the status report, Justice Moudgil highlighted that "it is crystal clear that now it has hurriedly prepared the challan just to hush up the present petition."
The judge opined that probably a cancellation report has been filed without conducting a free and fair investigation as is the right of the petitioner guaranteed under Article 21 of the Constitution of India.
"This court is also considerate of the Article 39 A of the Constitution of India which ensures equal justice for all and shoulders the burden of dispensing justice to the present petitioner which has not been done so far in letter or spirit by the police authorities," it added.
In the light of the above, the Court imposed an "exemplary cost" of Rs. 1 lakh on IPS, Commissioner of Police, Jalandhar.
While adjourning the matter, the Court added that, "The Director General of Police, Punjab shall also certify the deduction from the salary of the officer by way of filing his affidavit on the adjourned date."
Title: AMARJEET SINGH SIDHU v. STATE OF PUNJAB AND OTHERS