Punjab and Haryana High Court Quashes Trial Court's Challan Directions; Upholds Principles of Natural Justice
High Court sets aside adverse directions against police officials, emphasizing procedural safeguards and the right to be heard.
In a significant ruling, the Punjab and Haryana High Court has quashed the directions issued by the Trial Court for submitting a challan against Veer Singh DSP and other police officials, citing violations of natural justice principles and procedural safeguards. The decision, delivered by Justice Jasjit Singh Bedi, underscores the necessity for courts to adhere to established legal procedures and ensure the right to be heard before passing adverse remarks or directions against individuals.
The case originated from a judgment dated February 23, 2022, by the Additional Sessions Judge, Gurugram, which directed the Home Secretary of Haryana and D.G., CID Vigilance to file a challan against Veer Singh DSP and other officials. These directions were issued without providing an opportunity for the accused to be heard, thereby contravening the principles of audi alteram partem, a cornerstone of natural justice.
The High Court examined several precedents, including judgments from the Supreme Court, to emphasize that adverse remarks or directions against officials must comply with procedural requirements, including the opportunity for the concerned individuals to explain or defend themselves. The court highlighted that such directions should only be issued if strictly relevant to the case and necessary for its adjudication.
Justice Bedi noted that the Trial Court failed to adopt the appropriate procedures under Sections 193 and 319 of the Code of Criminal Procedure, which allow for summoning additional accused during the trial. The court also pointed out that the Trial Court did not follow the High Court Rules, which mandate sending a copy of the judgment to the District Magistrate for further action.
The ruling draws attention to the importance of restraint and fairness in judicial remarks, cautioning against hasty conclusions that could demoralize public officials and undermine their ability to perform their duties effectively. In line with established principles, the High Court's decision seeks to prevent unjust harm to individuals and maintain the integrity of judicial processes.
This judgment serves as a reminder to the judiciary of the vital role procedural safeguards play in upholding justice and protecting the rights of individuals. It reinforces the notion that courts must exercise their powers with circumspection and ensure that any adverse actions are well-founded and procedurally sound.
The petitions filed by Veer Singh DSP and the State of Haryana have been disposed of in accordance with these observations, with all consequential proceedings stemming from the Trial Court's directions being nullified.
Bottom Line:
Issuance of directions by the Trial Court to submit a challan against the petitioner and other officials without following the principles of natural justice and prescribed legal procedures is unsustainable.
Statutory provision(s): Code of Criminal Procedure, 1973 Sections 193, 319, High Court Rules (Chapter 1 Part H Rule 6), Section 482 BNSS, 2023.
Veer Singh DSP v. State of Haryana, (Punjab And Haryana) : Law Finder Doc Id # 2789682
