The Punjab and Haryana High Court in the case Loveljit Singh vs State Of Punjab and Others observed and has directed the attachment of the salary of the concerned Station House Officers (SHOs) who failed to arrest an accused who was declared as a Proclaimed Offender in 19 out of 33 criminal cases registered against him in 2022.
The bench headed by Justice Harpreet Singh Brar in the case observed and has stated that in spite of repeated orders passed by this Court on various occasions, no tangible efforts have been made to comply with the same. Thus, this conspicuous failure to perform their duty by jurisdictional Police Officers leaves the said court with no other option but to attach the salaries of the respective Station House Officers in whose Police Stations the investigation of these cases is pending or the escapee is declared as Proclaimed Offender.
In the present case, the court was hearing the petition moved by the relative of the escapee Amandeep Singh ‘Skoda’ filed in 2021, who alleged that he has been falsely implicated in a criminal case as stated under section 341, section 452, section 324, section 323, section 148 and section 149 of the Indian Penal Code, IPC after the police colluded with Aman Skoda.
The court while considering the submissions seek the status of the investigation against Skoda in the affidavit by the DGP, Punjab.
It has been stated that Skoda was involved in 31 criminal cases in six districts of Punjab and he has been declared a proclaimed offender in 16 cases.
The court filed the detailed reply by the police authorities which indicated that out of 33 criminal cases registered against Skoda, he has been declared proclaimed offender in 19 out of 33 cases.
The court in the case noted that in spite of two years elapsing after the Director General of Police, the Punjab was directed for filing his affidavit in the matter on July 05, 2021 and there is complete lull in the investigation.
The court in the case observed and has granted one more opportunity to the police authorities with the hope that all effective steps would be taken to vindicate the rule of law.
Therefore, the Senior Superintendent of Police, Fazilka, who was present in the Court, assured that the escapee shall be brought to book within four weeks.
Adding to it, the court stated that the failure to arrest the escapee was complete failure of investigating agency.
Further, the court stated that neither has the escapee been arrested till now nor any efforts have been made to follow the drill of Section 83 of the Code of Criminal Procedure, regardless of filing of the affidavit dated August 17, 2021, by the Director General of Police, Punjab.
The court while considering the facts and circumstances of the case directed the Punjab Additional Director General of Police, Law and Order, to file his affidavit indicating the necessary steps which were required to be taken in the facts and circumstances of the case within one week of the order.
Accordingly, the court listed the matter for further consideration on February 29, 2024. The counsel, Advocate Baltej Singh Sidhu, Sr. Advocate with Parveen Jain appeared for the petitioner.
The counsel, Luvinder Sofat, DAG represented
Punjab.