Non-Compliance Of Order By Police Undermines Court's Authority: P&H High Court Issues Contempt Notice To IPS Officer In Plea To Probe Case Of Missing Minor Girl

The Punjab & Haryana High Court has issued contempt notice to an IPS officer who failed to appear before the Court in a case pertaining to investigation of a missing minor girl, who is untraced since 2022.

Justice Sandeep Moudgil said, "It cannot be expected from an IPS Officer of the rank of Senior Superintendent of Police in not taking this Court's direction seriously, particularly, in the light of the issue involved in the instant petition wherein a minor girl is un- traced in FIR No. 201, dated 17.08.2022, under Sections 363 and 366-A IPC, registered at Police Station Guruharsahai, Ferozepur and the seriousness of the Investigating Officer was under cloud."

"This Court, prima facie, is satisfied beyond reasonable doubt that Ms. Saumya Mishra, IPS, SSP, Ferozepur has willfully, deliberately and intentionally violated the court's order by choosing not to appear before this Court on a totally whimsical ground," the Court added.

Justice Moudgil highlighted that "non-compliance with court orders or undertakings, where the higher echelon of Police Administration knowingly and voluntarily fails or refuses to comply with the same, pose a risk to the administration of justice by bringing the court into disrespect and that such non-compliance undermines the essence of a court's authority and threatens the rule of law."

These observations, came in response to the plea seeking investigation in a case wherein a minor girl is missing since August, 2022.

Earlier, the Court noted that the status report on investigation, submitted by the police is unsatisfactory as no proper justification has been put firth by the officer present in Court regarding the effective steps taken during the course of investigation.

The Court had asked Senior Superintendent of Police (SSP) to remain present along with the status report. However in the present proceeding only the status report had been filed on her behalf.

The State counsel submitted that on account of apprehension of disturbance in law and order situation SSP thought it proper to stay at her station and deputed Mr. Randhir Kumar, Superintendent of Police (Investigation), Ferozepur, to attend the Court on her behalf.

After hearing the submissions, the Court said, "The explanation put forth by Mr. Guru, AAG, Punjab showing helplessness of Ms. Saumya Mishra, IPS, Senior Superintendent of Police, Ferozepur to appear before this Court, by no means, is plausible."

Since, there is another officer of the rank of Superintendent of Police in Ferozepur, who has been deputed by Ms. Mishra in her place to attend the Court proceedings, who otherwise might have been assigned the duty at the spot where apprehension of law and order disturbance was anticipated, the Court added.

In any case otherwise also Ms. Mishra ought to have made an application for seeking exemption before this Court but instead of doing so, the officer has deliberately shown disrespect to the directions passed by this Court, it said further.

In the light of the above, Justice Moudgil opined that, "the conduct of Ms. Mishra, prima-facie makes out a case to initiate criminal contempt proceedings in terms of Section 2(c) of the Contempt of Courts Act, 1971, against her for showing disrespect to the directions issued by this Court vide order dated 26.04.2024."

While adjuring the matter for May 29, the Court directed the SSP to explain as to why the proceedings under The Contempt of Courts Act, 1971 be not initiated against her.

The judge also directed the registry to send a copy of this order to Director General of Police, Punjab as well as to the Home Secretary, Punjab for information and necessary action.

RAJINDER KUMAR V. STATE OF PUNJAB AND OTHERS

Jaspal Singh Guru, AAG, Punjab.

R.G. Chandiwala, Advocate for respondents No.5, 6, 7, 9 and 10.

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