Plea Challenges Delhi Govt's Decision To Include 'Suspect' Column In Chargesheet, High Court Directs Principal Secy To Decide

The Delhi High Court has directed Delhi government's Principal Secretary (Home) to consider as representation a PIL challenging the legality of Column 12 included in Police Charge Sheet, for inclusion of details of 'suspect' in a criminal case.

The petitioner, Jamshed Ansari, sought a declaration that Column 12 of the Final Report Form prescribed by the Delhi government is arbitrary and does not align with the statutory provisions under Section 173(2) of the Criminal Procedure Code (Cr.P.C.) and its corresponding Section 193(3) in the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

A division bench headed by Acting Chief Justice Manmohan and Justice Tushar Rao Gedela directed the Principal Secretary (Home) to address the petitioner's representation, dated 20th October 2023, with a reasoned order in accordance with the law. The court emphasized that the decision should be made as expeditiously as possible, in line with the directions laid out in the order dated 26th September 2024.

“Consequently, the present writ petition is disposed of with a direction to the Principal Secretary (Home), GNCTD to decide the petitioner's representation dated 20th October 2023 by way of a reasoned order in accordance with law, as expeditiously as possible,” the Order dated 26.09.2024 read.

Ansari, who argued that Column 12 of the Charge Sheet, which requires details of 'Suspects,' contradicts statutory provisions. Ansari contended that Section 173(2) of Cr.P.C. and Section 193(3) of BNSS specify the necessary details that must be included in a police report following the completion of an investigation into a cognizable offence. These sections outline that the report should include information such as the names of parties involved, the nature of the offence, and whether an offense has been committed. However, there isn't any requirement in the statute for mentioning individuals as 'Suspects' if no evidence points to their involvement in the offence.

The petition argued that the inclusion of a 'Suspect' category in Column 12 of the Charge Sheet is not only unnecessary but also damaging, as it unjustly stigmatises individuals and can negatively affect their careers and infringe upon their fundamental rights under Article 21 of the Constitution. Ansari also pointed out that if the court finds, during the trial, that an individual not initially named in the charge sheet may be guilty, the procedure under Section 319 of Cr.P.C. (corresponding to Section 358 of BNSS) allows for the inclusion of such individuals in the trial.

The plea that was filed through advocates Mahmood Pracha and Santosh Guleria argued that Column 12 of Final Report Form is liable to be struck down as it is arbitrary, illegal, ultra vires and violative of Article 14 and 21 of the Constitution of India.

Case Title: Jamshed Ansari V. State (GNCT Of Delhi) & Commissioner Of Police, Delhi

Citation: 2024 LiveLaw (Del) 1081

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