SC exonerates Haryana-cadre IPS officer in NDPS case

The Supreme Court on Friday exonerated Haryana-cadre IPS officer Bharti Arora who was facing criminal proceedings after her inquiry found that a man arrested under the Narcotics and Psychotropic Substances Act (NDPS) was innocent and that he was falsely implicated by some others in 2005.

A three-judge Bench led by Justice BR Gavai -- which examined the peculiar facts of the case – quashed the notice and all subsequent proceedings against her. “it is…clear that the learned Special Judge had given a complete go-bye to all the principles of natural justice,” it said, allowing Arora’s appeal.

“The notice issued by the learned Special Judge dated 26th February 2007 to the appellant (Bharti) under Section 58 of the NDPS Act and all subsequent proceedings including the order dictated and typed on 30th May 2008 by the learned Special Judge shall stand quashed and set aside,” the top court said.

An IPS officer of 1998 batch – Arora received outstanding grading in her CRs and was also recipient of the Presidential Medal. She was posted as Superintendent of Police, Kurukshetra, from May 21, 2004 to March 18, 2005. The dispute arose on January 6, 2005 after a police team arrested one Ran Singh with 8.7 kg of opium.

Arora ordered an inquiry which established Ran Singh was falsely implicated and accordingly the police moved an application before the Special Judge, Kurukshetra, seeking his discharge.

However, the Special Judge, Kurukshetra, on February 22, 2007 convicted Ran Singh and acquitted the three men (Surjeet Singh, Angrez Singh and Mehar Deen) who had allegedly planted opium on him. The Special Judge issued a show-cause notice to Bharti and some other police officers asking them why proceedings under Section 58 of the NDPS Act must not be initiated against them.

Even after her transfer to Panipat, the judge went on to dictate the order, put it in a sealed cover and adjourned the matter to 4th June 2008. The Punjab and Haryana High Court on October 14, 2010 directed that the Special Court, Kurukshetra, would open the sealed cover on October 27, 2010 and pronounce the order then and there and carry further proceedings as required by law. The order was challenged before the top court which stayed the operation of the October 14, 2010 order.

“When we opened the sealed cover on 24th October 2024 and perused the order dated 30th May 2008 passed by the learned Special Judge, it became clear to us that the learned Special Judge had acted in a predetermined manner,” the Bench – which also included Justice PK Mishra and Justice KV Viswanathan -- said, adding it “reflects total non-application of mind”.

Bharti was represented by senior counsel ANS Nadkarni while the Haryana government was represented by Senior Additional Advocate General Lokesh Sinhal.