Chandigarh, Dec 20: The Punjab and Haryana High Court has imposed Rs 1 lakh costs on Jalandhar Police Commissioner Swapan Sharma after asserting that the law enforcing agency’s conduct showed laxity and pathetic approach for “sitting over” a matter.
Justice Moudgil also directed that the amount be deducted from his salary after observing that significant action was not taken for two-and-a-half years after an FIR was registered on July 20, 2022, under the provisions of the IPC and the Punjab Travel Professional Regulation Act, 2014.
The FIR alleged that the accused defrauded the complainant on the false promise of arranging a work permit for Canada but despite multiple representations by the complainant to police authorities, including the Commissioner of Police, no progress was made.
Court added that following the issuance of a notice by the court on November 22, the investigation was suddenly concluded, and a challan was prepared within ten days but without conducting a fair and impartial investigation violated the petitioner's constitutional rights under Article 21.
This court is of the view that probably a cancellation report has been filed without conducting a free and fair investigation as is the right of the present petitioner guaranteed under Article 21 of the Constitution of India. This court is also considerate of the Article 39-A of the Constitution of India which ensures equal justice for all and shoulders the burden of dispensing justice to the present petitioner which has not been done so far in letter or spirit by the police authorities.
The court also sought an affidavit from Punjab Director-General of Police certifying the deduction of costs from the Commissioner's salary before setting the matter for further hearing.
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