High Court orders FIR, probe by special team
Chandigarh, March 4
Nearly a year after a city dentist alleged abduction by four police officials before he could appear in a court, the Punjab and Haryana High Court (HC) has ordered probe by a special investigation team after the registration of an FIR in the matter.
The Bench made it clear that the investigation would be headed by an officer not below the SSP’s rank outside the UT. Justice Harkesh Manuja also asked the Punjab DGP, being an independent and impartial authority, to constitute the SIT within a week. The team would be assisted by “some technical experts in telecom domain”.
The petitioner, Mohit Dhawan, had initially moved the court for anticipatory bail in an FIR registered on September 21, 2020, for cheating under Sections 419 and 420 of the IPC at the Sector 19 police station. He was directed to appear before the Illaqa Magistrate on January 07, 2022, to join investigation.
The UT counsel on the next date of hearing told the court that the petitioner was arrested in another FIR and the present petition was rendered infructuous.
It was, on the other hand, contended on the petitioner’s behalf that he reached the District Courts Complex at 10:30 am. However, he was abducted by four police officials – Vikas Hooda, Anil Kumar, Amitoj and Constable Subhash Kumar – to prevent him from appearing in the court.
“Considering the fact that this case not only has the potential to shake the confidence of the common man in the administration of justice, but also if incidents as alleged by the petitioner are found to be true, the conduct of police officials would amount to subverting the course of justice by causing interference in the implementation of the orders passed by the courts. Based on the material on record not being prima facie improbable or irrelevant, the same in case taken to be at its face value becomes satisfactory enough to constitute cognisable offence so as to direct the registration of an FIR and investigation thereupon,” Justice Manuja added.
Before parting with the case, Justice Manuja added it was said that Caesar’s wife should be above suspicion. The statutory authorities entrusted and involved with the administration of justice being above board have to stand on a higher pedestal with sterling integrity so as to dispel any doubt regarding their conduct. In addition to this, the petitioner’s right for fair investigation as enshrined under Article 21 of the Constitution of India strengthened the requirement of free, fair, independent and impartial investigation.
