Failure To Perform Duty: Punjab & Haryana High Court Orders Attachment Of Salary Of SHOs Who Failed To Arrest Accused Absconding Since 2 Yrs

The Punjab & Haryana High Court directed the attachment of the salary of the concerned Station House Officers (SHOs) who failed to arrest an accused who was declared as a Proclaimed Offender in 19 out of 33 criminal cases registered against him in 2022.

Justice Harpreet Singh Brar said, "in spite of repeated orders passed by this Court on various occasions, no tangible efforts have been made to comply with the same. This conspicuous failure to perform their duty by jurisdictional Police Officers leaves this Court with no other option but to attach the salaries of the respective Station House Officers in whose Police Stations the investigation of these cases is pending or the escapee is declared as Proclaimed Offender." 

The Court was hearing a plea by the relative of the escapee Amandeep Singh 'Skoda' filed in 2021, who alleged that he has been falsely implicated in a criminal case under Sections 341, 452, 324, 323, 148 and 149 IPC after the police colluded with Aman Skoda.

Considering the submissions the Court had sought the status of the investigation against Skoda in the affidavit by the DGP, Punjab. 

As per the Affidavit, it was stated that Skoda was involved in 31 criminal cases in six districts of Punjab and he has been declared a proclaimed offender in 16 cases. Later a detailed reply was filed by the police authorities which indicated that out of 33 criminal cases registered against Skoda, he has been declared proclaimed offender in 19 out of 33 cases.

In its previous order, the Court noted, that in spite of two years elapsing after the Director General of Police, Punjab was directed to file his affidavit in the matter on 05.07.2021 "there is complete lull in the investigation."

In November, the Court had granted "one more opportunity" to the police authorities with the hope that all effective steps would be taken to vindicate the rule of law.

In the present proceeding the Senior Superintendent of Police, Fazilka, who was present in the Court, assured that the escapee shall be brought to book within four weeks.

Adding that the failure to arrest the escapee was "complete failure of investigating agency", the Court said, "neither has the escapee been arrested till now nor any efforts have been made to follow the drill of Section 83 of the Code of Criminal Procedure, regardless of filing of the affidavit dated 17.08.2021, by the Director General of Police, Punjab."

Accordingly, while directing attachment of the salaries of the concerned SHOs who failed to arrest Skoda or take any action, the Court directed the Punjab Additional Director General of Police, Law and Order, to file his affidavit indicating the necessary steps which were required to be taken in the facts and circumstances of the case within one week of the order.

The matter is deferred to February 29, for further proceedings.

Appearance: Baltej Singh Sidhu, Sr. Advocate with Parveen Jain, Advocate for the petitioner.

Luvinder Sofat, DAG Punjab

Case Title: LOVELJIT SINGH V/S STATE OF PUNJAB AND OTHERS