The Delhi High Court on Tuesday said that the menace of cops colluding with accused in many criminal cases and in lodging of FIRs, can be effectively thwarted if a judge goes beyond the evidences submitted before him and thinks like a lay person.
The court said that it is the judge’s “constitutional duty” to bring it to the notice of the department and ask for appropriate action including FIR registration.
Justice SN Dhingra ruled: “If a Judge learns about commission of a crime, either inside the court or he learns about commission of crime by the investigating officer/SHO, during the course of trial, there is no reason why he cannot inform about this crime having been committed by one of the police officers, to his superiors and ask that action should be taken in accordance with law.”
“The HC considers that a judicial officer apart from being a Judge is also a human being and citizen of this country. While discharging functions, a Judge cannot remain aloof and oblivious to his functions as a citizen. He cannot just adjudicate the matter and rest with it when he finds that a police officer involved in the investigation of the case had deliberately tried to save the accused persons,” Dhingra said.
According to the High Court, “An FIR can be registered at the instance of any person, who has the information of commission of crime.”
Justice Dhingra’s remarks came while dismissing a petition filed by Inspector Gurmeet Singh seeking quashing of criminal proceedings ordered against him by the trial judge for refusing to lodge FIR in a Gokulpuri gang rape case in 2005. Singh was the SHO of the police station at the time of the incident.
The sessions judge’s order against the cop came after he tried and convicted all the accused in the gang rape case.