"UAPA Cannot Be Used As A Tool For Harassment", High Court Pulls Up Punjab Police For Invoking UAPA Charge In Attempt To Murder Case

Observing that "UAPA cannot be used as a tool for harassment," the Punjab & Haryana High Court has pulled up Punjab Police for adding the charges under UAPA in an alleged attempt to murder case. 

It was alleged that a group of men were drinking liquor in front of the complainant's house. When the complainant asked them to stop creating a nuisance, a fight ensued. During the altercation, the accused persons fired upon the complainant and his relatives, resulting in firearm injuries. An FIR was lodged for attempt to murder under Sections 307, 323, 427, 506, 148, 149 IPC and later Section 13 of Unlawful Activities (Prevention) Act was added.

A division bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma had summoned the CP, Ludhiana to explain whether the offence under UAPA had been added or not.

The counsel appearing for the State submitted that the offence under UAPA had been added but the same was later deleted and the addition was done on "misinterpretation" of the statute done by the Police.

Hearing this, Justice Thakur remarked that "it is complete non-application of mind" and it shows some hidden ulterior motive of the police.

"Despite knowing the stringency of the policy, gross misinterpretation have been done, you need to be careful while dealing with UAPA...It cannot be used as a tool for harassment...this is complete extortionate policing and not fair policing, you need to be thorough with your work," added the Court.

The bench also questioned, how misinterpretation can be done by the police when they are even given training and classes on UAPA.

The counsel for the State submitted that an enquiry has been initiated against the erring police men and a detailed affidavit will be filed.

The Court said that guidelines will be passed to check the abuse of the law and the police must not be left independently and they should be asked to give daily briefing to higher authorities.

These observations came in response to the bail application filed under Section 439 CrPC by the three accused in the case namely Nia Pramod, Chetan Sehdev and Mouvish Bains. The Court has reserved the bail orders for Pramod and Sehdev and directed to file status report for Bains.

Case Title: Pramodh v. State Of Punjab along with Chetan Sehdev v.State of Punjab and Mouvish Bains v. State of Punjab

Advocates Jitender Singh Dadwal with Ms Ranjana appeared for petitioner in CRM-M-52799-2022 and CRM-M-55313

Advocate Nikhil Ghai appeared for the petitioner in CRA-D-1380-2023

Advocate D.S. Sandhu appeared for the petitioner in CRM-M-2360-2023