In a significant ruling, the Punjab & Haryana High Court has mandated the State of Punjab to compensate Kulwinder Singh, a man suffering from an 80% locomotion disability, who was mistakenly booked under the Punjab Excise Act, 1914, for alleged involvement in the illicit liquor trade. Singh, due to Post-Polio Residual Paralysis in his lower limbs, is physically incapable of driving and is bound to a wheelchair.
Justice Arun Monga, presiding over the case, emphasized the gravity of the situation, stating,
“it is considered desirable that the petitioner, who has suffered unnecessarily at the hands of erring police officials and was forced into litigation first before learned Sessions Court and then before this Court, be awarded at least the litigation costs.”
The court has assessed the litigation costs to be Rs. 1.5 lakh, with Rs. 50,000 designated for the proceedings in the lower court and Rs. 1,00,000 for the High Court. The court further directed,
“The same be paid from the State exchequer as of now, to be recovered subsequently from the erring police officials, subject to the outcome of the enquiry to be conducted by the Senior Superintendent of Police, Pathankot.”
The case revolves around Singh, who was falsely accused of fleeing from a scene where the police discovered a significant amount of illicit liquor during a surprise vehicle check. The FIR indicated that other apprehended accused had identified the fleeing individual as Kulwinder Singh.
Addressing the court, the Station House Officer and Assistant Sub-Inspector offered their
“unconditional apology for the faux pas that has occurred in the case due to mistaken identity of the petitioner.”
However, Justice Monga expressed skepticism, remarking,
“To say the least, their belated apology, at this stage seems to have been tendered to save themselves from the adverse consequences contemplated at the time of passing the order dated 05.10.2023.”
The court found it perplexing that despite Singh’s anticipatory bail petition filed in September, the police neither verified his identity nor acknowledged his disability. The police’s stance remained unchanged even when the facts were evident, leading the Sessions Court to dismiss Singh’s anticipatory bail petition.
Highlighting the police’s negligence, the court observed, “it is rather unfathomable” that the police did not correct their mistake even after being fully aware of Singh’s condition and the contents of his anticipatory bail petition. The court further noted the police’s failure to inform the Sessions Court of their error, even though they were aware of the facts.
Given these circumstances, the High Court directed the Senior Superintendent of Police in Pathankot to personally oversee the matter, assigning the investigation to an official not below the rank of Deputy Superintendent of Police. The court also called for an administrative inquiry into the entire situation. If the statements made by the police officials in court are found to be false, stringent action will be taken against them.
The court concluded by instructing that the inquiry report be submitted to the Additional Sessions Judge who had previously dismissed Singh’s anticipatory bail petition. Based on the report’s findings, further actions, including potentially filing a complaint against the negligent police officials under Section 195 of the Indian Penal Code, will be considered.
This case serves as a stark reminder of the consequences of oversight in police investigations and the importance of due diligence, especially when the lives and reputations of innocent individuals hang in the balance.