“Judges cannot remain oblivious to injustice” – Justice Dhingra
06.10.2010 | 21:46
The Delhi High Court has dismissed a petition filed by a Delhi Police officer against a lower court decision directing to initiate criminal proceedings against the officer for not registering a case on the complaint of a woman who had been gang raped in 2005.
The court while upholding the lower court decision said “The Sessions Judge was rightly disturbed at the lack of sensitivity of the petitioner to a gang rape victim and his grave dereliction of duty in not registering FIR in a gang rape case”.
The court dismissed the contention of the petitioner that the power to direct police to make further inquiry under section 156 Code of Criminal Procedure (CrPC) rest with the Magistrate and not with the Session Judge. Justice Dhingra noted with regret, “The learned Sessions Judge in this case directed registration of an FIR and had also brought the relevant facts to the notice of the senior police officials. It was expected of the police department to have taken action immediately and swiftly in this case. The most unfortunate part is that whatsoever wrong the police officials may do, the department rarely takes action against them instead they are protected despite dereliction of duties on their part.” Justice Shivnarayan Dhingra pulled up the police department for not taking appropriate action against such officers.
“I also consider that a judicial officer apart from being a Judge is also a human being and citizen of this country. He while discharging his functions as a Judge cannot remain aloof and oblivious to his functions as a citizen of this country and cannot just adjudicate the matter and rest with it when he finds that a police officer involved in the investigation of the case had deliberately tried to save the accused persons. It is his constitutional duty to bring it to the notice of the department and ask for appropriate action including registration of an FIR.” the court observed and dismissed the petition seeking quashing of criminal proceedings initiated on behest of recommendation of the Sessions Judge.
Activist judges can thwart corrupt cops: HC
New Delhi, October 06, 2010
The Delhi High Court on Tuesday said that the menace of cops colluding with accused in many criminal cases and in lodging of FIRs, can be effectively thwarted if a judge goes beyond the evidences submitted before him and thinks like a lay person. The court said that it is the judge’s
“constitutional duty” to bring it to the notice of the department and ask for appropriate action including FIR registration.
Justice SN Dhingra ruled: “If a Judge learns about commission of a crime, either inside the court or he learns about commission of crime by the investigating officer/SHO, during the course of trial, there is no reason why he cannot inform about this crime having been committed by one of the police officers, to his superiors and ask that action should be taken in accordance with law.”
“The HC considers that a judicial officer apart from being a Judge is also a human being and citizen of this country. While discharging functions, a Judge cannot remain aloof and oblivious to his functions as a citizen. He cannot just adjudicate the matter and rest with it when he finds that a police officer involved in the investigation of the case had deliberately tried to save the accused persons,” Dhingra said.
According to the High Court, “An FIR can be registered at the instance of any person, who has the information of commission of crime.”
Justice Dhingra’s remarks came while dismissing a petition filed by Inspector Gurmeet Singh seeking quashing of criminal proceedings ordered against him by the trial judge for refusing to lodge FIR in a Gokulpuri gang rape case in 2005. Singh was the SHO of the police station at the time of the incident.
The sessions judge’s order against the cop came after he tried and convicted all the accused in the gang rape case.