Senior Police Officers Must Keep Check On Subordinates Who Try To Show Supremacy By Unnecessarily Scolding And Beating People: Gujarat HC

The Gujarat High Court strongly criticized the city crime branch for overstepping its authority and directed senior officials to monitor their subordinates who were accused of exerting unnecessary dominance by scolding and beating citizens.

“I understand you higher officers will be very polite, very modest, but then must keep a check on the lower officers who roam around the city and trying to show their supremacy by scolding and beating people unnecessarily,” Justice Nirzar Desai, presiding over the case remarked.

The hearing was in response to a quashing petition filed by Jayesh Desai and Ashish Desai, who were accused of assaulting and threatening crime branch head constable Janak Gaur. The incident occurred on June 9, and an FIR was lodged by the constable on June 28 at Ghatlodia police station. The petitioners alleged that they were brutally beaten at the crime branch headquarters following their arrest.

In their plea, the applicants sought the quashing of the FIR under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), arguing that the matter had been amicably resolved, and any further proceedings would cause undue hardship.

The Court during the hearing, questioned the legitimacy of a crime branch official's action in intercepting a citizen for wrong-side driving, emphasizing that only traffic police are entitled to enforce traffic regulations.

The court ordered the crime branch's Joint Commissioner of Police (JCP) to produce CCTV footage regarding allegations of custodial torture. When informed that the backup for CCTV footage was only retained for one month and efforts were being made to retrieve footage from June 9, the Court expressed outrage.

“If they think they can play smart against the court, the Court would make them understand that the Court can excersise powers. If they want to protect a wrongdoer and taking his side by delaying tactics?” sternly remarked.

The Court further remarked, “No Police person will have any right to beat anyone unnecessarily just to satisfy his ego.”

The Court also criticized the police inspector (PI) of Ghatlodia for allegedly fabricating a case in favor of a crime branch officer by citing unknown witnesses. The judge questioned the authenticity of the investigation, stating, “In ancient days we used to have the word “trikal gyani” (one who knows everything). Your officer who is investigating the case is trikal gyani that within 24 hrs he could find four witnesses?”

The court condemned the framing of innocent people and expressed concern over the increasing number of cases involving police excesses.

“This happens right from a police constable to the higher authority. You people think that you are immune; you can do anything. You can beat anyone. You can call anyone in the crime branch,” the Court stated, admonishing the JCP crime branch for defending the subordinate officer and taking the issue lightly.

The Court instructed that no one other than traffic police should enforce traffic regulations, warning against any display of power by crime branch officers to harass innocent citizens.

“You can use reasonable force against hardcore criminals, but don't wear glasses where you see a hardcore criminal in every innocent citizen. And don't show your power to frame innocent people,” the Court added.

The Court further said, “Issue instrutions that no person other than traffic person to mess with any common man for implementation of traffic rules and thereby prove his supremacy. Come with that instruction. … I will not permit anyone to unnecessarily victimize and harass any other common man merely because he is a constable of crime branch.”

The constable involved tendered an affidavit stating he had no objection if the FIR was quashed, leading the court to end the criminal proceedings.

The court, after hearing both parties, concluded that further criminal proceedings would indeed be unnecessary and quashed the FIR, stating, “It appears that further continuation of criminal proceedings in relation to the impugned FIR against the applicants would be unnecessary harassment to the applicants. It appears that the trial would be futile and further continuance of the proceedings pursuant to the impugned FIR would amount to abuse of process of law and hence, to secure the ends of justice, the impugned FIR is required to be quashed and set aside in exercise of powers conferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.”

The Court thus allowed the petition, quashing the FIR and all consequential proceedings.

Case Title: Jayesh Jayrambhai Desai & Anr. Versus State Of Gujarat & Anr.

LL Citation: 2024 LiveLaw (Guj) 108

Click Here To Read Judgement