Engage experts to educate cops about fundamental rights: HC to Punjab DGP

The order was passed as the court came across a bail matter in which an accused in an NDPS case filed in April 2020 by the special task force, Mohali, was found to be behind bars for three years and seven months

The Punjab and Haryana high court has directed Punjab director general of police (DGP) to make a systematic schedule for imparting learning and education on fundamental rights, especially Article 21 of the Constitution of India to all the police officers, irrespective of their rank and cadre so as to sensitise them about the protection of right of life and personal liberty.

The order was passed as the court came across a bail matter in which an accused in an NDPS case filed in April 2020 by the special task force, Mohali, was found to be behind bars for three years and seven months.

“An appropriate faculty from an appropriate institution or any such expert on the subject shall be hired for this purpose to impart training and lectures to the police officers along with all appropriate case law on the subject. It will be also appreciable if a short notebook etc is prepared for their guidance and even a short exam can also be made compulsory at least for the ranks up to the level of deputy superintendent of police (DSP),” the bench of justice JS Puri said while seeking compliance of the order within three months.

The order was passed as the court came across a bail matter in which an accused in an NDPS case filed in April 2020 by the special task force, Mohali, was found to be behind bars for three years and seven months. The charges were framed two years back and none of the prosecution witnesses had deposed before the court. In an affidavit the police admitted that the matter was adjourned for 18 dates and six times bailable warrants were issued and twice non-bailable warrants were issued to the DSP, STF, Amritsar and on nine occasions summons were issued to various other prosecution witnesses but they did not appear.

For the December 1 hearing the bench had summoned DIG, STF, SK Rampal, AIG, STF (Border Range), Amritsar, Vishaljeet Singh and DSP, STF (Border Range), Vavinder Kumar. The court was informed that disciplinary action has been taken against the DSP in question and further that DGP in October itself had issued a slew of directions and now sincere efforts and vigil is being maintained

Granting bail to the accused, the court observed that the non-appearance of cops results in long incarceration of the accused, hence, in-depth knowledge of the fundamental rights especially under Article 21 (right to liberty) should be imparted to the cops so that while performing their duties they should be aware of this most precious provision.

Earlier, the court had on October 11, directed similar training for judicial officers in the states of Punjab, Haryana and Chandigarh about fundamental rights.

“Article 21 of the Constitution of India not only protects the citizens of India but also protects any other person irrespective of his/her nationality. Right of speedy trial is also a part of Article 21 of the Constitution of India. Deprivation of right of speedy trial due to carelessness, insensitiveness, malafide or any other reason on the part of police officers is unacceptable and violative of Article 21 of the Constitution of India,” the bench further recorded.