Man Arrested Despite HC's Interim Protection: Police Commissioner Tenders Unconditional Apology In P&H High Court; Erring Officials Suspended

The Commissioner of Police, Amritsar recently submitted an unconditional apology before the Punjab and Haryana High Court after police officers effectuated the arrest of an accused, despite the interim protection granted by the HC, purportedly because the orders were "not checked" by the Investigating Officer.

In an affidavit which was taken on record by the bench of Justice Pankaj Jain, the Police Commissioner submitted that the order wherein the Court had stayed the non-bailable warrant against the accused was "not brought to the notice of SHO."

It was further stated that the Investigating Officer also "did not check the orders" wherein the non-bailable warrant was stayed by the Court.

The Commissioner also submitted before the Court that under the recommendation made by the Additional Deputy Commissioner of Police, (City-3, Amritsar), both the erring police officials have been placed under suspension with "immediate effect" for this lapse and a regular departmental enquiry has been initiated against them.

Essentially, the Court was hearing a plea for quashing the order of ASJ, Amritsar in which the accused (Ravinder Singh) was declared as proclaimed offender. He was booked in a 2017 FIR under Sections 379-B, 148, 149, 506 IPC, however, he was granted bail in the case later on. 

The counsel for the petitioner had submitted that till October 2021 he was regularly appearing before the Court, however in November 2021, a notice was issued due to non-appearance. Thereafter, the trial Court cancelled the bail and an arrest warrant was issued. The warrant could not be executed and the petitioner was declared a proclaimed offender. 

It was argued that the procedure under Section 82 CrPC was not duly followed and the petitioner could not appear before the Trial Court because he was admitted to Drugs Rehabilitation Centre since April, 2022.

Considering the submissions, by way of an interim order, the High Court stayed the non-bailable warrant issued against him and directed him to appear before the Trial Court.

However, despite the interim protection order, the petitioner was arrested, the counsel submitted in HC. Taking note of the submission, the Court had directed the Police Commissioner to file an affidavit in the matter.

In pursuance to the direction, the Commissioner submitted that the petitioner was arrested by the IO in the FIR registered under Section 174-A IPC after he was declared as a proclaimed offender and also in the FIR wherein the arrest warrant was stayed by the Court.

"The present petitioner Ravinder Singh @ Ravi was arrested in both the aforementioned cases by the Investigating Officer ASI Manohar Singh No. 2181/ASR and he also did not check the orders dated 02.09.2023 and 26.09.2023 passed in the present petition by this Hon'ble Court before causing arrest of the present petitioner. As such, both these police officials have committed grave negligence while performing 'their official duty," stated the Commissioner.

The Commissioner also informed the Court that erring officers are suspended and he tendered an "unconditional apology" for the dereliction of the duty of police officials, "for which they have been dealt with strictly as per rules". He also undertakes to take corrective measures in future in order to ensure that no such elapse is repeated in future.

The matter is now deferred to March 13, for further consideration.

Advocate Harmanpreet Singh appeared for the petitioner.

Case Title: Ravinder Singh v. State of Punjab