Police Officers Who Extract Money Using Proximity With Govt Have To Go To Jail : Supreme Court

The Supreme Court on Monday made scathing oral remarks on 'new trend' in the country where police officers extract money when they are on good terms with the government, and seek protection when they face criminal cases after change in government.

"When you're good with government, you may extract, then you've to pay back with interest. This is too much, why should we grant protection to such officers? This is a new trend in the country." CJI Ramana remarked

The remarks were made on plea by suspended Additional Director General of Police Gurjinder Pal Singh seeking bail in an extortion case filed against him.

"You can't take protection in every case! You go surrender. You have started extracting money because you are close with the government, this is what happens if you're close with government and do these type of things, you have to pay back one day, that is exactly what is happening." CJI said. 

Senior Advocate Vikas Singh appearing for the ADG said "These type of officers only need protection."

"No... these type of officers have to go to jail!" CJI said .

A bench comprising the CJI Ramana, Justice Surya Kant and Justice Hima Kohli however agreed to grant Singh interim protection from arrest is till 1st October 2021 and listed the present matter along the with other special leave petitions filed by him in relation to different FIRs

The Bench has directed Singh to participate in the inquiry or investigation and fully cooperate with the investigating agency without fail.

The Bench was hearing a petition filed by suspended Additional Director General of Police Gurjinder Pal Singh seeking protection in case of extortion and criminal intimidation filed against him.

Earlier, the top Court had granted Singh protection of 4 weeks in a sedition case filed against him.

The present special leave petition has been moved challenging the Chhattisgarh High Court's interim order admitting the petitioner's plea filed seeking interim relief in terms of FIRs against him for offence of extortion, and listing it for hearing on 28th September

The Counsel for the petitioner while seeking interim relief had argued before the High Court the petitioner has been falsely implicated for committing offence punishable under Section 388, 506 & 34 of I.P.C. on the basis of complaint made by one Kamal Kumar Sen. Further, it was argued that allegation levelled against the petitioner is prior to six years and there is delay in lodging FIR, therefore, the whole proceeding initiated by the respondent authorities are nothing but an abuse of process of law.

On 26th August, the Supreme Court in relation to a separate FIR filed against Singh for the offence of sedition, the Supreme Court had granted him interim protection from arrest for four weeks and notice on his petition. The state Anti-Corruption Bureau (ACB) and Economic Offences Wing (EOW) had registered an FIR against Singh, under the Prevention of Corruption Act on June 29 after preliminary findings into complaints that he had allegedly amassed disproportionate assets.

On July 1, 2021, the residence of the petitioner was raided by the police and they allegedly found some pieces of papers in a drain behind the house of the petitioner which were later on reconstructed by them into some notes, criticise, statistics report against political party and against few representatives of the various wings of the State.

The contents of the reconstructed documents have been alleged to be illicit vengeance and hatred against the State Government and as a result of which, an FIR against him was registered against him for committing offence under Sections 124A & 153A of I.P.C.

Case Title: Gurjinder Pal Singh v. State of Chhatisgarh & Ors.

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