{2012 ‘rape/murder’ at dera} HC seeks DGP’s response on non-registration of FIR

The case discloses sorry state of affairs where instead of lodging an FIR, police embarked upon illegal and unconstitutional inquiry to assess veracity of allegations: High court bench

The Punjab and Haryana high court has asked Punjab director general of police (DGP) to explain what action has been taken against officers who approved closure of a case regarding mysterious death of a woman in 2012 allegedly at the dera of preacher Ranjit Singh Dhadrianwale.

The plea was filed by the brother of the woman, a Patiala resident, who claimed that she was poisoned in 2012. (Shutterstock)

“Let an affidavit of the director general of police, Punjab, be filed explaining as to what action has been taken against the erring police officers/officials and as to whether the tendency of conducting preliminary inquiry to assess the veracity of allegation(s) in the complaint has been stopped or not and if not, then why?” the bench of chief justice Sheel Nagu and justice Anil Kshetarpal observed while deferring the hearing of a case for December 9.

The plea was filed by the brother of the woman, a Patiala resident, who claimed that she was poisoned in 2012. He alleged that his sister was raped and murdered at Patiala ashram of the preacher and the police were approached but due to “pressure”, it did not investigate the matter. The plea claimed that the woman became a follower of Dhadrianwale in 2002 and used to go to his dera frequently. He has also levelled allegations against Dhadrianwale.

On the last date hearing on November 20, the court had sought response from the state police. In response, the state’s counsel had informed the court that an inquiry was conducted into the veracity of the allegations made in the complaint. The statements of the relatives of complainant were recorded and after approval of the senior police officers/officials, the matter was closed, it was submitted.

The court sought affidavit from the DGP in view of petitioner stating that he had again made another complaint on October 1 this year before the DGP referring to the 2012 incident of “rape and murder” and also that his life, liberty and dignity is under threat.

The court asserted that Section 154 of the CrPC (Section 173 of the BNSS, 2023) casts statutory obligation on the police to register an FIR without any delay on receipt of an information regarding commission of a cognisable offence in which the case in hand would fall.

“The present case discloses sorry state of affairs where instead of lodging an FIR based on the first information provided by the complainant …. (in 2012) in regard to an incident of rape and murder, the police embarked upon an illegal and unconstitutional inquiry to assess the veracity of the allegations,” the court further recorded asking the DGP to explain.

On the last date of hearing, the court had termed police move to not to register the FIR a “extra-legal method of conducting probe without registration of a criminal case” and asked how the probe was conducted without an FIR into a case of alleged murder.