Gross Misconduct Of Police: Punjab & Haryana High Court Flags Negligent Approach Of Lower-Rank Officers In Collecting Medical Reports

The Punjab and Haryana High Court strongly criticised the gross misconduct and negligent attitude of lower-rank police officers in handling criminal investigations.

The development occurred during the hearing of a pre-arrest bail plea filed by a man accused of injuring a pregnant woman. The Court noted that although the incident occurred on June 16, the Investigation Officer moved an application seeking medical opinion on July 27 and the complainant's medical report had not yet been received.

Justice N.S Shekhawat noted, "Even the DGP, Punjab had also issued a circular (pertaining to collection of medical report), but unfortunately, the lower police officials are not bothered to comply with the directions."

This amounts to not only the gross misconduct on the part of the police officials but it is apparent that the police officials were highly negligent in performing their duties, and the required action is still awaited, it added.

The Court noted that, "in several other matters also, this Court has noticed that X ray, NCCT, CT Scan, Ultrasound reports and other similar reports are not being delivered to the Investigating Officers in different cases on time. Rather due to non handing over the reports on time, the investigation in various criminal cases have been delayed unreasonably.”

This not only seriously prejudices the rights of the victim of crime, but also amounts to denial of fair and speedy trial to the accused in various criminal trials, the bench observed.

“Apart from that, it also amounts to interference in the administration of justice either for corrupt motives or due to negligence on the part of the doctors posted in various government hospitals/other hospitals,” it said.

The Court also highlighted the gross negligence on the part of the District Police in such cases, "as it appears that there is complete lack of supervision on the part of the Senior Superintendents of Police in the State of Punjab."

Justice Shekhawat observed that the Senior Superintendents of Police are under a bounden and legal duty to ensure that the Investigating officers move an application to the concerned doctor for obtaining the reports, at the earliest.

While noting that in the present case, “This case is the most conspicuous example of such a gross negligence on the part of the investigating agency," the Court said that, "It is difficult to hold enquiry in each and every case and the police should have been vigilant in collecting the reports from the concerned doctors."

Even the doctors should have been vigilant, as the preparation of medical reports by the doctors is also an integral part of the investigation in every criminal case, it added.

The State counsel assured the Court that necessary steps shall be taken by the Secretary, Department of Health and Family Welfare, Punjab, Senior Superintendent of Police, Fazilka and the Director of the concerned Hospital, so that such a situation does not arise in future.

Mr.S.S. Killianwali, Advocate for the petitioner.

Mr. M.S. Bajwa, DAG, Punjab.

Title: LAKHWINDER SINGH @ LAKHU VS STATE OF PUNJAB

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