Undesirable For Courts To Make Remarks Censuring Action Of Police Officers Unless Strictly Relevant For The Case: Delhi High Court

The Delhi High Court has observed that it is undesirable for Courts to make remarks censuring the action of police officers unless such remarks are strictly relevant for the case.

Justice Jasmeet Singh expunged the remarks made against the Investigating Officer by a Trial Court in a criminal revision case. The plea was filed by the IO seeking setting aside the direction of the Trial Court for initiating inquiry against him.

The Investigating Officer had conducted investigation in a murder case and the Additional Sessions Judge of city's Karkardooma Court in his order dated 25.10.2021 had set aside the order passed by the Metropolitan Magistrate.

While doing so, the Court had made certain remarks on the conduct of the IO by observing that he had connived with accused to invoke the wrong jurisdiction of the Metropolitan Magistrate by not disclosing the correct facts and procured the desired order through Forum-Shopping.

The Court had also said that the IO did everything deliberately and thar his conduct amounted to Contempt of Court besides dereliction in his official duties.

It was thus the case of the petitioner that the conduct of the Trial Court was not only contrary to law but also had been passed behind his back and without giving him any opportunity of explaining his conduct and the steps undertaken in the inquiry.

Reliance was placed by the petitioner on the Supreme Court decision in Pramod Kumar Jha v. State of Bihar & Anr and Delhi High Court judgment in Mohd. Mehandi Shah v. State.

The Court thus noted that a bare perusal of the observations in the order passed by the ASJ clearly showed that the petitioner was not present before the Sessions Court.

"Making such sweeping and castigating remarks against him without even giving an opportunity to him to explain his conduct, is incorrect. It is further undesirable for Courts to make remarks censuring the action of police officers unless such remarks are strictly relevant for the case," the Court observed.

It referred to Section 6 in Chapter 1, part H (titled "The Judgment") of the Delhi High Court Rules for "Practice in the Trial of Criminal Cases". It states that Police have great difficulties to contend with in this country, chiefly because they receive little sympathy or assistance from the people in their efforts to detect crime. Nothing can be more disheartening to them than to find that, when they have worked up a case, they are regarded with distrust by the Courts; that the smallest irregularity is magnified into a grave misconduct and that every allegation of ill-usage is readily accepted as true.

Accordingly, the Court disposed of the plea by expunging the remarks in question.

Case Title: SURENDER KUMAR v. STATE OF NCT OF DELHI

Citation: 2022 LiveLaw (Del) 317

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