Shimla (Sunil Chadha)
The Himachal Pradesh High Court has quashed an FIR and all related proceedings against senior police officials that were registered under Section 3(1)(p) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, at Police Station Sadar, Shimla.
The court, in its judgment, highlighted the lack of substantial evidence and termed the allegations as vague and baseless. Justice Virender Singh, who delivered the verdict, stated that allowing such proceedings would amount to an abuse of the legal process.
The case stemmed from a complaint alleging bias and misconduct in departmental proceedings initiated against a respondent belonging to the Scheduled Tribes category. However, the court observed that the complainant failed to establish any link between the petitioners and the alleged crime.
The High Court emphasized that the investigation revealed no evidence to support the allegations. Justice Singh remarked, “A bare perusal of the complaint does not make out a case that the departmental proceedings were initiated against the respondent solely due to their Scheduled Tribe status. Such bald assertions lack merit and are insufficient to take action against the petitioners.”
The investigating agency had earlier prepared a cancellation report, citing the absence of evidence. Despite this, the senior police officials faced stigma and undue hardship due to the FIR. The court addressed this concern, stating, “The petitioners cannot be left in the lurch to wait for the authorities’ decision on the cancellation report. They are entitled to relief as the pendency of the FIR indirectly subjects them to unnecessary hardship.”
In its final order, the court quashed the FIR and any resultant proceedings, ensuring relief for the petitioners. All pending miscellaneous applications related to the case were also disposed of.
This judgment reinforces the judiciary’s role in safeguarding against the misuse of legal provisions and protecting individuals from unwarranted harassment. Legal experts have welcomed the decision, viewing it as a reaffirmation of justice and fairness.
Background of the Case
Dharam Sukh, a former head constable, was subjected to departmental action due to professional misconduct, including filing baseless complaints against senior officers. He was compulsorily retired in July 2020.
The controversy arose from a complaint addressed to the Chief Secretary of Himachal Pradesh and the Inspector General of Police, Southern Range, Shimla. The petitioners argued that the FIR was filed four years after the alleged incidents, driven by a personal vendetta to damage their reputation and settle scores.
They further emphasized that all disciplinary actions taken against the respondent adhered to due process and were in accordance with established rules and regulations.