The HC was told that it is not a case of not merely following the procedure of law but a grave attempt was made to obstruct the lawyer from discharging his responsibility and duty toward the litigant and the court. Almost a week after three officers of Haryana Police were booked for allegedly trespassing on the house of a lawyer at Nayagaon (Mohali), the Punjab and Haryana High Court on Wednesday was told by the Haryana counsel that the policemen concerned have been suspended with immediate effect.
Three Haryana police personnel — Sub-Inspector (S-I) Manjeet Singh and Assistant Sub-Inspectors (ASIs) Mahesh and Nancy — were booked at Nayagaon police station under sections 447 (criminal trespass), 341 (wrongful confinement) and 506 (criminal intimidation) of the Indian Penal Code.
All three accused are posted at Bilaspur police station in Gurugram district.
The three had been booked on the complaint of advocate Sarvesh Kumar Gupta, who had alleged to the police that he is a practising lawyer in the High Court.
On August 23, he had filed a case for a runaway couple requesting police protection for them. He had alleged in his complaint that the accused had entered his house at Nayagaon forcibly on the evening of August 23 and threatened his wife that they would implicate them in false cases.
Sharma alleged that ASI Mahesh Kumar had called him the next day and met him at the high court where the cop had offered him a bribe of Rs 5 lakh and asked him to give information about the couple’s whereabouts.
On Wednesday, the matter came up for hearing before the Bench of Justice Avneesh Jhingan, where the state of Haryana filed an affidavit of Commissioner of Police, as per which departmental inquiry has been initiated and show-cause notices have been issued.
Meanwhile, Anupam Gupta, senior counsel assisting the court, submitted that the language of the show-cause notice itself ensures that the periphery of the inquiry is restricted at the initial stage.
The HC was told that it is not a case of not merely following the procedure of law but a grave attempt was made to obstruct the lawyer from discharging his responsibility and duty toward the litigant and the court.
The state counsel submitted that the police officials concerned have been suspended with immediate effect, and that at least two weeks’ time should be granted for conclusion of the inquiry. On hearing the matter, the HC said, “Let the inquiry be conducted in an objective manner, in accordance with law and giving reasonable opportunity to all affected parties. The time of four weeks instead of two weeks is granted for doing the needful.”
The matter was adjourned for October 12, 2022.
Meanwhile, the state counsel informed the court that the petitioner couple were not available at the given address and their phones had been switched off. Considering the sensitivity of the issue, the HC directed the Senior Superintendent of Police, Chandigarh, that in case the petitioners approach him with a threat perception, they should be kept in a safe house in Chandigarh with additional security, if so required, till the next date of hearing.
“It is clarified that petitioners may not be required to physically appear before the police authorities in case of apprehension of threat perception,” the HC ordered.