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SC quashes proceedings against former cop charged under NDPS Act
Arora challenged the show cause notice and the related proceedings in the Punjab and Haryana high court, which upheld the special judge’s order. Later, Arora approached the Supreme Court, leading to an interim stay on the high court’s order in 2010
Gurugram: The Supreme Court has overturned the proceedings initiated by a Kurukshetra Special Judge against former IPS officer Bharti Arora under the Narcotic Drugs and Psychotropic Substances Act (NDPS). The court, in a strongly worded judgment, termed the earlier order as lacking judicial reasoning and described it as being issued with a “pre-determined mindset.”
The case stems from a 2005 incident in Kurukshetra, in which a man called Ran Singh was arrested for allegedly possessing 8.7 kilograms of opium. An investigation by Bharti Arora, then Superintendent of Police (SP), Kurukshetra, revealed that the drugs had been planted by others due to personal enmity and Ran Singh was deemed innocent. Despite the findings, the special judge dismissed the discharge application for Ran Singh, later convicting him in 2007 while acquitting the three other accused. The judge also issued a show cause notice to Arora under Section 58 of the NDPS Act, alleging that the police had fabricated the investigation.
Arora challenged the show cause notice and the related proceedings in the Punjab and Haryana high court, which upheld the special judge’s order. Later, Arora approached the Supreme Court, leading to an interim stay on the high court’s order in 2010.
The Supreme Court, in its judgment, highlighted procedural lapses and violations of natural justice by the special judge. It noted that the adverse observations against Arora were made without providing her an opportunity to defend herself. The apex court also criticised the judge for rushing the proceedings, holding hearings on seven consecutive days following the dismissal of Arora’s petition in the high court, despite being under transfer orders.
The court emphasised the principles of natural justice, stating that “justice must not only be done but must also be seen to be done.” The bench observed that the special judge’s actions, including dictating an order after transfer and sealing it for future pronouncement, demonstrated a lack of impartiality and fairness.
The Supreme Court further clarified that proceedings under Section 58 of the NDPS Act, which involve punishment for vexatious action by officials, require a summary trial and should be conducted by a magistrate as per the Criminal Procedure Code (CrPC). It ruled that the special judge lacked jurisdiction to conduct such proceedings and had violated procedural norms.
The judgment also reaffirmed the legal protection granted to public servants under Section 69 of the NDPS Act for actions performed in good faith. The court found no evidence of mala fide intent or personal gain on Arora’s part and stated that her actions were carried out in the lawful discharge of her duties.
The Supreme Court quashed the orders of both the special judge and the high court, including the show-cause notice and later proceedings against Arora. The court also expunged adverse remarks made against her in the judgment convicting Ran Singh.
This verdict not only clears Arora of allegations but also underscores the importance of adherence to judicial fairness and procedural propriety in criminal proceedings.
“An illegal order was passed, we approached the apex court and the order was announced in our favour,” said Arora.
