'Shocking Scenario': Punjab & Haryana HC Flags Trend Of Filing False Cases, Says Police Are Not Merely 'Postmen' For Forwarding Complaints

Flagging the rising trend of filing frivolous cases, the Punjab & Haryana High Court has said that the investigating officers are not merely postmen, who are there only to forward the complaints they receive to the Courts and to add "unnecessary pressure to the judicial system" and "ruin lives of citizens."

Justice Alok Jain said, "A very shocking scenario is emerging whereby false and frivolous cases are being lodged, but since there is no accountability or check on the actions of Investigating Officers which not only burdens the Courts but also ruins the lives of ordinary citizens as lodging an FIR is a starting point whereby the expertise of the Investigating Officer should be such that the truth should be revealed."

The Court added that the Investigating Officers of the police authorities are not merely postmen, who are there only to forward the complaints they receive to the Courts and to add unnecessary pressure to the judicial system.

The case pertains to drug trading, wherein the judge noted that since there was no evidence against the petitioner as admitted by the Investigating Officer himself in his testimony, "the petitioner should have been immediately exonerated from the allegations, rather than making him to suffer the rigors of a trial."

The bench observed that the accused has faced unnecessary hardships of the trial, harassment, loss of time, money and above all, his reputation has been ruined, which not only will prevent him from easily seeking a job to earn his livelihood in future but also effect his family.

"The fundamental rights of a citizen to live with dignity have been purposefully violated by the present Investigating Officer, who himself lacks in performing his duties in accordance with the law. However, since there is no accountability on the part of the Investigating Officers, thus they walk away free," it added.

Police Authorities Can't Be Left High & Dry

Stating that it not casting "aspersions on the integrity of the police authorities", the Court said, "it cannot be left high and dry because the Investigating Officer did not work properly. Frivolous FIRs are being lodged owing to the lack of accountability or answerability of police officials, therefore, the Investigating Officer acts with impunity. "

All these issues would be mitigated if the Investigating Officer conducted their work with due diligence and remained, within the bounds of the law, and performed their duties with utmost sincerity, added the Court.

"As a word of caution", the judge the Court directed to send the copy of the order to "the Director General of Police, Punjab to look into and file an affidavit on the provisions or rules and regulations as to the consequences where an Investigating Officer fails to perform his duties under law.

The Court asked the DGP to adhere to the principles of natural justice and given opportunity of hearing to the concerned Investigating Officer and said that the trial Court "shall also look into the same with regard to his conduct and take appropriate steps under law."

These observations were made while hearing the bail plea under the NDPS Act who was allegedly falsely fabricated by the police authorities. The petitioner was booked under under Sections 21 (c) and 29 NDPS Act.

Counsel for the petitioner stated that during cross-examination, the Investigation Officer admitted that the present petitioner was nominated on the basis of a secret information and that no investigation was conducted regarding the connection between the petitioner and Paramjit Singh, from whom the contraband was recovered. No call details were ascertained and no other link has been established between the two except the disclosure statement.

He further added that the petitioner has been in custody for more than six and a half months.

The Court took note of the submission that the petitioner has been in custody since 13.05.2024 and admittedly, the recovery was not affected from the petitioner, coupled with the fact that the Investigating Officer in his cross-examination has virtually exonerated the petitioner.

In light of the above, the Court allowed the plea.

Mr. Aditya Anand, Advocate for the petitioner.

Mr. Anil Bansal, DAG, Punjab.

Title: Sarban Singh v. State of Punjab

Citation: 2024 LiveLaw (PH) 407

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