SC exonerates IPS officer Bharti Arora 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 NDPS was innocent and that he was implicated by some others in 2005.
A three-judge Bench led by Justice BR Gavai quashed the notice and all subsequent proceedings against her. “It is…clear that the learned Special Judge had given a complete go-by 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 court said.
An IPS officer of 1998 batch, Arora received outstanding grading in her CRs and was also recipient of the President's Medal. She was posted as SP, 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 implicated, and accordingly, the police moved an application before the Special Judge, Kurukshetra, seeking his discharge.
However, the Special Judge, on February 22, 2007, convicted Ran Singh and acquitted the three men who had allegedly planted the opium. The Special Judge issued a 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 June 4, 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 and carry further proceedings as required by law. The order was challenged before the top court which stayed the operation of the October 14 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 said, adding it “reflects total non-application of mind”.
