The Punjab and Haryana High Court has directed the Director General of Police (DGP), saying, “Investigating officers of the police force are not just postmen, who send complaints to the courts, which adds unnecessary pressure to the judicial system,” an Investigating Officer (IO) said in his To file an affidavit outlining the provisions, rules, or regulations that address the consequences of failure to perform duties. According to the law. The matter has been adjourned to March 5, 2025.
Justice Alok Jain gave this direction while hearing a bail petition filed by Sarban Singh under the NDPS Act in December 2023 at Subhanpur Police Station, District Kapurthala.
Aditya Anand, advocate of the petitioner, admitted during the argument that the investigating officer had only framed the petitioner on the basis of secret information. No investigation was conducted to establish the relationship between the petitioner and Paramjit Singh, from whom the smuggler was recovered. Anand further said that no evidence links the accused to the case. He said that the petitioner has been in custody for six and a half months since 13th May 2024 and also demanded regular bail.
Meanwhile, the state counsel informed the court that eight of the ten witnesses have been examined and the date of the next trial has been fixed on January 16, 2025.
After hearing the arguments, the bench observed that the petitioner was not recovered and the IO’s testimony exonerated him. Seeing that the trial of the case is likely to be prolonged, the court granted regular bail to the petitioner saying that there was no purpose in continuing the detention.
Before passing the order, Justice Jain expressed concern over filing of false and frivolous cases, noting that such acts not only burden the courts but also ruin lives. He said, “Registration of FIR is the beginning of bringing out the truth with the expertise of the investigating officer. However, the lack of accountability leads to actions that harm innocent citizens.”
In the present case, Justice Jain observed that the IO should have acquitted the petitioner after accepting lack of evidence against him. Instead, the accused suffered an unnecessary hearing process, harassment, loss of resources, and irreparable damage to his reputation, affecting both his future employment and family.
The court emphasized that the failure of the IO to perform its duties violates the fundamental right of citizens to live with dignity. Despite this, there is no mechanism to hold IOs accountable, thereby avoiding the consequences of their mistakes.
Justice Jain clarified that the purpose was not to question the integrity of the police but to ensure accountability. “The frivolous FIRs arise out of the impunity with which some IOs act. Such problems can be minimised, if the IOs diligently and conscientiously conduct investigations in accordance with the law,” the court observed.
The court directed the DGP, Punjab to file an affidavit outlining the provisions to deal with cases where an IO has failed to discharge his duties.
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