HC: Akali MLA interfered in police, judicial functioning

Saturday, 19/01/2013

http://www.tribuneindia.com/2013/20130119/main2.htm

Chandigarh : For years, politicisation of the police force in Punjab has been a matter of guesses and surmises, but a scathing order by the Punjab and Haryana High Court has brought out the sordid reality of interference by legislators in the justice delivery system.

In a major embarrassment for the SAD-BJP government, the high court has minced no words to say that a SAD MLA not only interfered in the independent functioning of the police force, but also encroached upon the legal powers of the police and, perhaps, even the courts.

The judgment came after the court found substance in the allegations levelled by the managing director of a company that Mansa MLA Prem Mittal intervened to direct the registration of an FIR, though the allegations involved a “simple business transaction”.

The verdict comes at a time when the Opposition is alleging “gross politicisation of the Punjab Police”. A fortnight ago, Union Minister of State for External Affairs Preneet Kaur had alleged SAD-BJP MLAs or “halqa in charge” were appointing SHOs and later dictating terms to them.

Quashing the FIR on a petition filed by GV Bhaskar Rao and other petitioners, Justice Ranjit Singh asserted: “Interference in the exercise of police to act independently to register crime and investigation thereof is one of the issues raised in the present petition.”

The complainant, instead of approaching the police, went to Mittal, who recommended the registration of an FIR against Kaveri Seed Company Limited, Secunderabad, for fraud.

The endorsement was made on April 2, 2012. Within three days, the SP endorsed it to the SHO for inquiry and the FIR for cheating and criminal conspiracy was registered in about a fortnight thereafter at the Mansa City police station.

Justice Ranjit Singh added the perusal of the FIR tends to lend support to the petitioner’s allegations and complaint that at the most civil liability of a business transaction has been moulded to criminality, just because of political influence.

“The command of political masters was too much to bear by even the head of police of the district. The SHO was prompt in obeying the command by setting the criminal law in motion.”

“The allegations pertained to 2009. The complainant waited too long for over three years before he made the present approach for registering an FIR. It is noticed that the police generally does not oblige such a late complainant and otherwise also it is not very easy to set the process of criminal law in motion unless it is put on some wheels. The police in this case has rather acted with promptness, may be because the application was put on wheels of speed by the local MLA,” the judge said.

“I do not think if the elected representative of the area has realised the implication of his action. Even if it be so, the consequences are quite serious. He is seen encroaching upon the powers of the police and may be of the courts.”

Scathing Order
The judgment came after the court found substance in the allegations levelled by the MD of a company that Mansa MLA Prem Mittal intervened to direct the registration of an FIR

The verdict comes at a time when the Opposition is alleging “gross politicisation of the Punjab Police”