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2021 Supreme(P&H) 867
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anupinder Singh Grewal, J.
Surjit Singh - Appellant
Versus
State Of Punjab & Ors. - Respondents
CWP-12011-2020 (O&M)
Decided On : 15-03-2021
Mr. Balbir Kumar Saini, Advocate, for the Appellant; Mr. H.S. Grewal, Addl. A.G., Punjab, Mr. S.P. Jain, Additional Solicitor Genral Of India With, Mr. Dheeraj Jain, Advocate, Mr. Kshitij Sharma, Advocate, for the Respondent.
Concealment of information and filing of false affidavit amounts to perjury and obstructs judicial proceedings. Arbitrary treatment of officers facing criminal cases is against the rule of law.
Headnote:
FIR - Police Officers - IPC 191, 193 - False Affidavit - Perjury
Fact of the Case:
The petitioner, a police officer, was dismissed from service but reinstated. He was again dismissed, leading to a petition. The court sought details of criminal cases against serving police officers, and found discrepancies in the information provided by the authorities.
Finding of the Court:
The court found that the Additional Chief Secretary filed a false affidavit, leading to a potential charge of perjury. It also noted the arbitrary treatment of officers facing criminal cases and directed the formation of a committee to frame a policy for such cases.
Issues: Concealment of information, filing of false affidavit, arbitrary treatment of officers facing criminal cases
Ratio Decidendi: Concealment of information and filing of false affidavit amounts to perjury and obstructs judicial proceedings. Arbitrary treatment of officers is against the rule of law.
Final Decision: The court issued a notice to the Additional Chief Secretary for potential perjury charges, directed the formation of a committee to frame a policy for officers facing criminal cases, and imposed restrictions on the posting and duties of such officers pending the committee's decision.
JUDGMENT
1. Learned counsel for the petitioner had, inter alia, contended that an FIR was registered against the petitioner. He was dismissed from service by SSP but was reinstated by the order of the Inspector General of police. Despite his reinstatement by the I.G., the petitioner has again been dismissed by the SSP by the order dated 23.06.2020, which is impugned in this petition. He had submitted that there are several police officers who are facing serious charges and some of them have been convicted but they are continuing in service. This Court, by the order dated 03.09.2020, had directed the respondent No.1 (Secretary, Ministry of Home Affairs, Punjab) to file an affidavit, setting out the details of the FIRs registered against all serving police officers in the State of Punjab including their nature and status. The current posting of the officers was also to be mentioned therein.
2. An Affidavit was filed by Sh. Vijay Singh Chauhan, Deputy Secretary, Department of Home Affairs and Justice, Punjab on 08.10.2020 on behalf of respondent No.1, disclosing the names of officers, who were facing criminal cases. Counsel for the petitioner had contended that the entire information, as sought by this Court, has not been disclosed and there are several police officers, who are facing criminal cases but their names have not been mentioned. Thereafter, by the order dated 28.10.2020, this Court had directed the Additional Chief Secretary, Department of Home Affairs and Justice, Punjab to file an affidavit setting out the details of the police officers and status of the cases registered against them.
3. An affidavit was filed by the Additional Chief Secretary, Department of Home Affairs and Justice, Punjab on 10.12.2020. A coordinate Bench of this Court, by the order dated 14.01.2021, had directed the Additional Chief Secretary, Department of Home Affairs and Justice, Punjab to personally look into the matter and to ascertain if the factual aspects are correct. Consequently, an affidavit was filed by the Additional Chief Secretary, Department of Home Affairs and Justice, Punjab on 01.02.2021. The coordinate Bench of this Court, by the order dated 11.02.2021, had expressed displeasure at the non-disclosure of the information sought. The Court observed that it appears that efforts have been made to help officers. The matter was directed to be listed before this Bench after obtaining orders from the Chief Justice.
4. Relevant part of the order dated 11.02.2021 is extracted hereunder:-
"A perusal of additional affidavit dated 01.02.2021 sworn by Additional Chief Secretary, Department of Home Affairs and Justice, Punjab reveals a candid admission by him qua certain false information disclosed in his earlier affidavit dated 10.12.2020. The justification rendered thereto is that deponent was misled into in deposing wrongly based on wrong/filtered information provided by certain erring officials, against whom, it is stated that disciplinary action is being initiated in accordance with law. However, what is rather intriguing is that it is seemingly a case of shooting the messenger. The person who acted merely as Postman to supply the information is being proceeded against, while there is stoic silence qua the beneficiaries of the said wrong information, at whose instance and to protect whom, wrong information was provided."
5. It is apparent that the information as sought by this Court was not forthcoming and several opportunities were accorded to the respondents to file affidavits, setting out the required information. The Additional Chief Secretary, Department of Home Affairs and Justice, Punjab should have taken due care and caution as it is expected from the administrative Head of the Department to disclose the entire information as had been sought by the Court.
6. Concealment or not disclosing the information sought, amounts to swearing a false affidavit. The filing of false affidavit has the tendency to subvert, obstruct, impede and interfere
