HC fines Punjab DSP Rs.50,000 for not making rights panel party in plea
Chandigarh, May 10 -- A Punjab Police deputy superintendent of police (DSP) who failed to make the Punjab State Human Rights Commission (PSHRC) party in a petition while challenging its order has been fined Rs.50,000 by the Punjab and Haryana high court.
The bench of chief justice Sheel Nagu and justice Sanjiv Berry observed that despite the commission's recommendations being challenged, it had not been impleaded in the case. Yet the petitioner, DSP Ramandeep Singh, had been enjoying an interim stay granted two years back in April 2024.
However, the bench allowed Singh to amend the petition by May 15, subject to payment of Rs.50,000 to the Poor Patients Welfare Fund of PGIMER, Chandigarh, within a week.
Singh had approached the high court in April 2024 against a March 18, 2024, order of the PSHRC recommending registration of a criminal case against him and other police officials. At the time, Singh was posted as DSP (Detective) in Fatehgarh Sahib.
The commission was hearing a May 2023 complaint alleging criminal trespass, extortion, bribery and destruction of evidence by police officials. Singh argued before the high court that he was undergoing training at Maharaja Ranjit Singh Punjab Police Academy, Phillaur, when the alleged incident took place.
According to Singh, despite acknowledging this fact, the commission still recommended registration of a criminal case against him after the Fatehgarh Sahib senior superintendent of police (SSP) failed to produce CCTV footage sought by the commission.
The complaint was filed by Varsha Batta, wife of Dheeraj Kumar Batta, who alleged that Singh and 15 other police personnel abducted her husband from the Patiala highway on May 12, 2023, took him to CIA Sirhind and tortured him while extorting money.
The PSHRC had observed that CCTV footage from May 11 to May 17, 2023, from cameras installed at CIA Sirhind was not produced despite repeated directions. It noted that the footage could have helped ascertain the allegations, and recorded that inquiry officer Satish Kumar Nanda and others appeared to have tried to destroy evidence by deleting footage from the DVR.
While the commission concluded that Singh was not personally present at the spot, it held that he was involved in the abduction as a conspirator.
The high court had stayed proceedings against Singh in April 2024, and the stay continues till date.
During the latest hearing on May 5, the court observed that the commission appeared to have acted within its powers under the Human Rights Act, which are "recommendatory in nature". It also noted that apart from recommending registration of an FIR, the commission had left it to the department to decide whether disciplinary proceedings should be initiated against the police officials concerned.
The high court has now sought an affidavit from the Punjab government on whether any decision has been taken on the commission's recommendations....
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