New Delhi (16.03.2021): The Punjab and Haryana high court has stirred up a hornets' nest of political fear and administrative loathing by asking the Punjab government to explain how and why several IPS-cadre posts of SSPs in the state have been granted to Punjab Police Service (PPS) officers.

The state government is also in the dock as the Court has issued a show-cause notice to its additional chief secretary (home) Anurag Aggarwal why perjury proceedings should not be initiated against him for “the filing of false affidavit ...which cannot be overlooked especially when the affidavit has been filed by a senior government officer.”

Needless to add that both these issues, once judicially settled, will have all India and permanent ramifications on certain aspects of the personalized and preference-customized models of governance perpetuated by elected representatives by virtue of being elected and thus considering themselves above the law.

Asking the government to file an affidavit by the next date to explain as to why PPS officers have been posted as SSPs of several districts in violation of the Indian Police Service (Cadre) Rules, 1954 and also impleading the Central government as a party to look into these apparent violations, the bench of Justice Anupinder Singh Grewal observed: "In our system of governance administered by rule of law, the government cannot act like an absolute despot at its whims and fancies by patronizing certain officers while imparting a step-motherly treatment to others... the need of the hour is to put in place a proper structure".

In this context, Justice Grewal referred to the case of PPS officer Rajinder Singh Sohal who, despite being convicted in a criminal case, is posted as the SSP of Gurdaspur -an IPS-cadre post. He pointed out that the presence of these types of officers couldn't but erode the people's confidence and faith not only in the police administration but also in the rule of law. And such officers, therefore, must be dispensed with.

The order regarding the show-cause notice to ACS Aggarwal was passed following the disclosure that at least 107 convicted cops, including SPs, DSPs, inspectors, and 840 facing serious criminal charges are still serving in Punjab Police. These facts were put on the records of the court in December 2020 during the hearing of a case of Moga resident Surjit Singh, who had challenged his dismissal from service due to pending FIRs.

But the state administration was seen by the court as reluctant or lethargic or just sloppy in presenting detailed information on the FIRs and conviction of cops. For instance, the list of officers facing criminal cases, mentioned in an affidavit filed by Punjab Government's home affairs and justice department deputy secretary Vijay Singh Chauhan on October 8, 2020, was questioned by petitioner Surjit Singh's Counsel.  Therefore, on October 28, the court sought an affidavit from ACS Aggarwal. His affidavit, filed on December 10, 2020, invited allegations of discrepancies. On January 14, 2021, the court directed the ACS to personally examine the matter.  On February 1 this year, he filed an affidavit admitting of wrong information in the December 10 affidavit.

This made Justice Grewal observe that the concealment or not disclosing the information sought amounts to swearing a false affidavit, noting that the state government has not been forthcoming with factual information all along.

Then followed the punchline of his order: “The filing of false affidavit has the tendency to subvert, obstruct, impede and interfere in the due course of judicial proceedings, which cannot be overlooked especially when the affidavit has been filed by a senior government officer... besides the contempt of court, such an act would amount to giving false evidence to the court. Before directing the institution of a criminal complaint before the competent judicial magistrate for the prosecution of the officer for perjury, I deem it appropriate to issue him notice.. seeking his response within four weeks as to why directions be not issued for filing a complaint with the judicial magistrate for the offence of perjury".

Further, the bench also directed the state government to take off tainted/convicted police officers from deployment in any capacity till it completes its stated policy of framing a policy on action to be taken against them.

It directed for submission of a status report by April 28, 2021.

(By MK Shukla & Rakesh Ranjan)