HC takes serious note of posting of police officers facing criminal cases; directs Govt to consider shifting SSP Sohal
- March 16, 2021
- Updated: 02:01 am
DW BUREAU / chandigarh
The Punjab and Haryana High Court has directed the Punjab Government that police officers who have been charge-sheeted or convicted in a criminal case shall not remain posted at a post having public dealing.
While hearing a petition filed by a dismissed Punjab police official, Justice Anupinder Singh Grewal in an order dated March 15, observed that the government cannot act like an absolute despot at its whims and fancies by patronising certain officers while imparting a step-motherly treatment to others. The dismissed cop, in his petition, had alleged that there are several police officers facing serious charges and some of them have been convicted by they are continuing in service.
After the HC was informed that a committee has already been set up to frame a policy on taking action against officers facing criminal cases, the court ordered that till the committee arrives at a decision, such officers shall not be assigned investigation, either as investigating officer or in a supervisory capacity and will not be posted in the Vigilance Bureau till the final decision is taken by the committee. They shall also not be posted in the district where their criminal case is being tried, the order said.
The Court also observed that Rajinder Singh Sohal who has been convicted in a criminal case, is posted as SSP of Gurdaspur district. He has been convicted under Sections 342, 346 and 365 in a CBI case and sentenced to imprisonment for a period of three years by the Additional Sessions Judge, Patiala in 2013. While sentence had been suspended by the trial court but his conviction has not been stayed.
"The continuation of such an officer at the post of SSP who is the district head of the police force, would erode the confidence of the people in the police administration apart from being an affront to the rule of law. Therefore, the competent authority should consider transferring him from the post forthwith," the court directed.
The HC, meanwhile, impleaded the Union Government as a party in the case, observing that there are several other PPS officers who have been posted as SSPs of various districts in violation of the IPS cadre rules, 1954.
Meanwhile, the HC came down heavily on the Additional Chief Secretary, Home, Anurag Aggarwal, asking him why directions be not issued for filing a complaint with the judicial magistrate for the offence of perjury for filing a false affidavit before the HC in this matter. It has issued the notice after a perusal of additional affidavit filed by the ACS (Home) in relation to the petition revealed a candid admission about certain false information disclosed in his earlier affidavit. The affidavits were filed after the HC earlier asked the Government to set out the details of the FIRs registered against all serving police officers in the state of Punjab including their nature and status, along with the current posting of the officers.
"It is apparent that there is arbitrariness in dealing with officers facing criminal cases which is the grouse of the petitioner. In our system of governance administered by rule of law, the government cannot act like an absolute despot at its whims and fancies by patronising certain officers while imparting a step motherly treatment to others," the court observed, directing the government to file an affidavit explaining as to why PPS officers have been posted as SSPs of several districts on IPS cadre posts.
Earlier, the State Government informed the HC that a committee, consisting of the ACS, Home, Anurag Aggarwal, DGP, Provisioning and Modernisation, Prabodh Kumar and former DG of CRPF, A S Gill has been set to frame a policy with regard to action to be taken in those cases where the police officers have been convicted.
(editor@dailyworld.in)