E-Paper
Punjab and Haryana HC stays SC Commission order on registration of FIR against Punjab officer
The Punjab and Haryana high court has directed Punjab police to not to register a criminal case against an officer of Punjab government, direction for which came from the National Commission of Schedule Castes .
The Punjab and Haryana high court has directed Punjab police to not to register a criminal case against an officer of Punjab government, direction for which came from the National Commission of Schedule Castes (NCSC). The plea was from Sunil Dutt, executive officer, Municipal Council, Barnala.
The January 11 order, as per the plea, came on the complaint of one, Bhupinder Singh Bhindi, a councillor with MC, Barnala.
He had submitted before the court that the order in question was passed by the commission to register FIR even as under the provisions of Article 338 of the Constitution of India, the commission has no power to issue directions and is only a recommendatory body for ensuring the safeguards provided for under the constitution.
The court while deferring hearing for May 24 stayed the January 11 order till the next date of hearing.
It was on January 11 that the commission had asked police for the registration of the FIR within 24 hours and sought action taken in three days. As per plea, a complaint was made on September 9, 2022 with regard to some alleged illegal construction by the councilor in question. It was put up before the officer on September 27 and acting on the same notice was issued to the councillor. The councillor had visited the office on October 26, 2022 with three persons and allegedly with a malafide intent entered the office and harassed the petitioner and intimidated him, the plea says adding that following this, he took up the matter with police and a criminal case was registered against the councillor. Subsequently, the councillor approached the commission, which on January 11 ordered registration of criminal case against him.
