Punjab and Haryana High Court Directs Salary Attachment of Police Officials for Not Arresting Proclaimed Offender

The Punjab and Haryana High Court’s recent decision to attach the salaries of a Station House Officer (SHO) and a Deputy Superintendent of Police (DSP) for failing to apprehend a proclaimed offender highlights the Court’s firm stance on police negligence. Justice Harpreet Singh Brar condemned the persistent inaction despite repeated Court orders, underscoring the police’s lack of competence in handling the matter.
The case revolved around a woman’s petition requesting protection after the police failed to arrest a man she accused of sexual assault and criminal intimidation. Despite the Supreme Court dismissing the accused’s anticipatory bail plea in February 2021 and a subsequent 2023 ruling declaring him a proclaimed offender, the police failed to apprehend him. The accused even managed to travel abroad, which the petitioner attributed to the local police’s negligence.
The Court found that, despite clear instructions, no effective measures were taken by the police to locate and arrest the accused. This resulted in the Court taking decisive action by attaching the salaries of the SHO and DSP, with the judge citing a lack of substantial effort to comply with legal orders. Justice Brar remarked that the failure to perform their duty was an embarrassment to the Punjab Police and ordered immediate consequences for the officers in question.
Furthermore, the Court criticized the police for not enforcing the legal provisions regarding proclaimed offenders, specifically Section 83 of the CrPC, which mandates the attachment of property. The judge noted that the police’s actions appeared superficial, with senior officers allegedly shielding the accused while placing blame on lower-ranking officers.
The Court’s decision also called for the Deputy Inspector General and Senior Superintendent of Police (Ferozepur Range) to appear before the Court to explain the continued lapses personally.
The matter will be heard again on December 16, 2024, as the Court continues to scrutinize the actions, or lack thereof, by the police in this case.
Senior Advocate Sunil Chadha and Advocates Paras and Siddharth Sanwaria represented the petitioner, while Advocates Anmol and Arshdeep Randhawa represented another. Additional Advocate General Deepender Singh represented the State of Punjab.