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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anoop Chitkara, J.
Raghvir Singh @ Tirath Nand & Anr. - Appellants
Versus
State of Punjab & Ors. - Respondents
Criminal Miscellaneous Petition (M) No. 55713 of 2022
Decided On : 07-12-2022
Directions - Representation - The court directed the Deputy General of Police to decide on a representation within two months, emphasizing that the decision must be reasoned and communicated without delay. The petitioner was also given liberty to pursue other legal remedies, and it was clarified that the order did not entail adjudication on merits or impede any potential interrogation.
Fact of the Case:
The petitioner sought directions for action against certain respondents based on complaints and representations.
Finding of the Court:
The court directed the Deputy General of Police to decide on the representation, granted liberty to the petitioner for further legal action, and clarified the limited scope of the order.
Issues: Seeking directions for action against respondents based on complaints and representations.
Ratio Decidendi: The court emphasized the need for a reasoned decision on the representation and clarified the limited scope of the order.
Final Decision: The petition was allowed to the extent mentioned, and all pending applications were disposed of.
JUDGMENT
Anoop Chitkara, J. - The present petition has been filed seeking issuance of appropriate directions to the official respondents No.1 to 6 to take appropriate action against respondents No.8 to 10 in pursuance of the complaints and representations filed by the petitioners.
2. Notices are served upon the official respondents through the State's counsel. Given the nature of the order that this Court proposes to pass, neither the response of official respondents nor the issuance of notices to the private respondents is required.
3. Let the representation dated 30.08.2022 (Annexure P-11), be decided by the Deputy General of Police, Punjab within two months, either himself or by authorizing and delegating it to any officer holding IPS cadre. It is clarified that such order must be a reasoned order, and the same be communicated to the representationists without delay.
4. Liberty reserved to the petitioner to file fresh petition or to take other legal remedies in accordance with the law.
5. It is clarified that there is no adjudication on merits. It is further clarified that this order shall not come in the way if the interrogation of the petitioner is required in any cognizable case.
6. There would be no need for a certified copy of this order, and any Advocate for the Petitioner and State can download this order and other relevant particulars from the official web page of this court and attest it to be a true copy. The concerned officer can also verify its authenticity and may download and use the downloaded copy for immediate use.
Petition is allowed to the extent mentioned above. All pending applications, if any, stand disposed.
The court emphasized the importance of a reasoned decision on the representation and clarified the limited scope of the order.
The court emphasized the importance of fair and impartial investigation and upheld the petitioner's right to seek appropriate directions and pursue legal remedies without adjudication on merits.
The court emphasized the importance of a reasoned decision by the concerned Senior Superintendent of Police and clarified the scope of the order, reserving liberty for the petitioner to pursue other ....
The right to seek fair and impartial investigation, the petitioner's entitlement to make a representation to the concerned authorities, and the reservation of liberty to pursue other legal remedies.
The court emphasized the importance of a reasoned decision by the concerned Superintendent of Police on the representation and clarified that there was no adjudication on merits.
Public authorities must respond timely to representations made to them, reinforcing procedural fairness and the right of individuals to receive decisions.
The court has the authority to direct law enforcement agencies to address matters related to the protection of lives and liberty.
Administrative authorities are required to address pending representations promptly, ensuring compliance with relevant government directives.
The court maintains the power under Article 226 of the Constitution to direct police to exercise their statutory duty to conduct an enquiry into a complaint within a specified timeframe.
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