The Punjab and Haryana High Court has directed the Punjab DGP to appoint a “very senior officer” to investigate all drug-related cases involving alleged smuggling from various jails across the state. The directive was issued after Justice NS Shekhawat criticised the SSP concerned for taking “a very casual approach” in questioning jail officials suspected of facilitating smuggling from Amritsar Central Jail.
“It is expected that in all such cases, appropriate legal action shall be taken against the senior-most jail officials as well, who are normally spared by the police without any justification,” Justice Shekhawat said. He also directed the Amritsar (Rural) SSP to appear before the court on May 16, the next date of hearing, along with the complete investigation record in the case.
The rebuke came during the hearing of three connected petitions involving accused individuals allegedly engaged in smuggling activities while lodged in Central Jail. The bench had previously observed that such operations were unlikely without the “active collusion” of senior jail officials and the local police.
It further noted that the SSP had been explicitly instructed to personally review the investigation file and submit an affidavit clarifying why jail officials had not been named as accused. However, instead of complying directly, the SSP delegated the task to a DSP. The court minced no words in stating that such conduct was “on the verge of contempt”.
“Once there was a specific direction to the SSP to read the file of the case personally and to take effective steps accordingly; he could not have delegated the matter further to a DSP,” Justice Shekhawat added.
When the matter came up for resumed hearing, the bench expressed strong disapproval of the way the police were conducting the investigation. “It is apparent that the police of District Amritsar (Rural) have invented their own methods of investigation and the investigation was not conducted as per the mandatory provisions of the BNSS/CrPC,” Justice Shekhawat observed.
The court, expressing shock, observed that the police had simply issued official letters and were passively awaiting departmental action, rather than promptly interrogating the jail officials and investigating their involvement in the smuggling.
“Surprisingly, the police are waiting for the senior jail officials to take departmental action against the suspects. As per the settled law, the criminal investigation can proceed independently, without even looking for the departmental action against the jail officials, who are suspected of providing phones and other support to the smugglers in the jail,” Justice Shekhawat observed.
Further lambasting the approach adopted by the police, Justice Shekhawat added queries were sent to the very person suspected of collusion. “This court is equally pained to notice that by way of official letters, certain queries have been put to the Superintendent of Police, Central Jail, Amritsar, who himself was a suspect, being head of the jail administration and without his active connivance, the mobile phones could not have been taken inside the jail,” Justice Shekhawat added.
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