E-Paper
Rape and Extortion Charges: HC stays police complaints authority’s order against ex- AIG Ashish Kapoor
The Punjab and Haryana high court has stayed State Police Complaints Authority (SPCA), Punjab order in which re-investigation was ordered in a case involving former assistant inspector general of police, Ashish Kapoor.
The Punjab and Haryana high court has stayed State Police Complaints Authority (SPCA), Punjab order in which re-investigation was ordered in a case involving former assistant inspector general of police (AIG), Ashish Kapoor.
The court acted on the plea from Kapoor in which he had challenged the November 3, 2022 order of SPCA.
His counsel, senior advocate Bipan Ghai had argued that SPCA while looking into the alleged complaint has gone beyond the scope of powers conferred upon it and has commented upon the investigation conducted and has also recommended reinvestigation in the matter. The PCA could not have gone into merits of the investigation and could have only enquired into the complaints relating to the serious misconduct as per the Rules for Conduct of Business of the Punjab State Police Complaints Authority, 2020.
The court while seeking response from the state government by May 12 ordered that recommendation given in the November 3 order be not given effect to by the state police till next date of hearing.
The PCA in its order had stated that the allegations required re-investigation by a team of independent and competent officers. It can either be done after registering a separate FIR or in the same FIR registered in 2019 in Mohali. It was further recommended that Jaskirat Singh, the then DSP and now SP, who had earlier conducted investigation be associated in the re-investigation.
The PCA order had come on a complaint from Kurukshetra woman, who had moved authority alleging rape and extortion by Kapoor. The probe had exonerated Kapoor and a cancellation report was submitted in court in the said FIR. On December 30, 2022, a fresh FIR was registered against Kapoor of rape pursuant to the order of SPCA. It is these actions, which have been challenged by Kapoor in high court.
Kapoor is lodged in Patiala jail. He was arrested by vigilance bureau on October 6, 2022 for allegedly taking a bribe of ₹1 crore. As per vigilance, during his posting as Amritsar central jail superintendent, in 2016, Kapoor had got acquainted with the woman inmate, who was on judicial remand in a case. Same woman had levelled allegations of custodial rape and extortion against Kapoor.
