'Govt. Can't Act Like An Absolute Despot': P&H High Court Bars Convicted, Charge sheeted Cops From Investigating Cases, Occupying Public Dealing Posts

The Bench of Justice Anupinder Singh Grewal further directed that such cops shall not be assigned investigation, either as investigating officer or in a supervisory capacity.

Significantly, this order would remain in operation till the committee, which has been formed by the Government, frames a policy with regard to action to be taken in those cases where the police officers have been convicted.

The matter before the Court

The High Court was hearing the plea of one Surjit Singh who stated before the Court that there are several police officers who are facing serious charges and some of them have been convicted but still, they are continuing in service.

Court's observations

At the outset, the Court expressed its displeasure over the fact that despite granting several opportunities, the Punjab Government failed to disclose information sought by the Court (disclosing the names of police officers, who were facing criminal cases).

Submit Details Of FIR Against Police Officers Of All Ranks; Explain Rationale Of Their Continuance In Service: Punjab & Haryana High Court To Govt. [Read Order]

It was the case of the petitioner that entire information, as sought by this Court, was not disclosed and that, there are several police officers, who are facing criminal cases but their names have not been mentioned.

Further, going by the affidavit filed by the Punjab government regarding the policemen convicted and under trial, the Court said,

"It is disquieting to note that Rajinder Singh Sohal who has been convicted in a criminal case, is posted as SSP of Gurdaspur district... Another disturbing aspect is that he is a Punjab police service officer and has been posted as SSP, Gurdaspur which is an IPS cadre post."

The Court further added,

"The continuation of such an officer at the post of SSP, who is the district head of the police force, would erode the confidence of the people in the police administration apart from being an affront to the rule of law. Therefore, the competent authority should consider transferring him from the post forthwith."

Also, when the Court was informed that there are several other PPS officers, who have been posted as SSPs of various districts in violation of the Indian Police Service (Cadre) Rules, 1954 read with Indian Police Service (Fixation of Cadre Strength) Regulations, 1955, the Court said,

"I deem it appropriate to implead the Union of India through Secretary, Ministry of Home Affairs as respondent No.5 to assist the court to look into these apparent violations."

Significantly, noting that there is arbitrariness in dealing with officers facing criminal cases which is the grouse of the petitioner, the Court said,

"In our system of governance administered by rule of law, the government cannot act like an absolute despot at its whims and fancies by patronizing certain officers while imparting a step-motherly treatment to others. It is, thus, the need of the hour to put in place a proper structure."

Committee formed by the Government

It was submitted before the Court that Punjab Government had taken a decision to constitute a committee to frame a policy with regard to action to be taken in those cases where the police officers have been convicted.

With regard to the Committee, the Court issued the following directions: -

• The committee shall also examine the issue of officers against whom FIRs have been registered and trials are pending as there has to be uniformity in dealing with such cases on the basis of their nature and gravity.
• Till the committee arrives at a decision and considers the individual cases of the officers, no police officer who is charge-sheeted and/or convicted in a criminal case involving moral turpitude, shall remain posted at a post having public dealing.
• They shall not be assigned investigation, either as investigating officer or in a supervisory capacity and will not be posted in the vigilance bureau till the final decision is taken by the committee.
• They shall also not be posted in the district where their criminal case is being tried.
• Status report with regard to the progress made by the committee shall be filed before the next date of hearing.

With this, the matter was directed to be listed on 28^th April 2021.