Bombay High Court Issues Landmark Directive on Police Inquiry Procedures
In a significant ruling aimed at upholding legal transparency and fairness, the Bombay High Court has issued a mandatory directive to police authorities. The court has ordered that whenever police summon an individual for a preliminary inquiry, whether before or after the filing of a First Information Report (FIR), they must provide a copy of the complaint along with the notice.
Judicial Concerns Over Systemic Lapses
Justices Ravindra Ghuge and Hiten Venegavkar, presiding over the bench on April 15, expressed deep concern over persistent procedural failures in the justice system. They highlighted that notices are frequently issued without supplying copies of the underlying complaints, a practice they deemed unsustainable in a rule-of-law framework.
"We have noticed continuous lapses in a series of matters, when notices are issued... without supplying copies of the complaint... Such practice of non-supplying a copy of the complaint in our considered view cannot continue in a system governed by the rule of law," the judges stated emphatically.
Case Background and Judicial Intervention
The bench was compelled to issue these directions while hearing a petition filed by Ajay Agarwal, director of Vibrant Construction Pvt Ltd. Agarwal sought an order to direct the Charkop police to supply a copy of the complaint lodged against his company. During the proceedings, prosecutor S V Gavand argued that a notice had been issued to Agarwal, but he failed to appear for the inquiry.
In a turn of events, a copy of the complaint was provided to Agarwal's advocate, Vishal Kolekar, in court. Kolekar assured the bench that Agarwal would now respond to the allegations and cooperate fully with the preliminary inquiry.
Constitutional and Legal Violations Identified
The judges pointed out that police often issue notices calling individuals for inquiries without disclosing the substance, contents, or gist of the allegations. Citing precedents from the Supreme Court, they ruled that this practice violates Article 20(3) of the Constitution, which protects against self-incrimination, and is contrary to the principles of natural justice.
To address this, the court mandated that in cases where it is not feasible to furnish a full complaint copy, the notice must include a separate sheet providing a "clear and sufficient gist" of the allegations. Deviations from this requirement are permitted only under "rare and peculiar circumstances", such as when disclosure could seriously prejudice an ongoing investigation or endanger the safety of complainants or witnesses.
Implementation and Accountability Measures
In such exceptional cases, the reasons for withholding details must be recorded in writing by the concerned officer. The judges further directed the Director General of Police (DGP) to circulate this order immediately to all police commissioners and superintendents across the state, ensuring its prompt and effective implementation.
This directive aims to foster greater accountability and transparency in police procedures, safeguarding the rights of individuals during preliminary inquiries and reinforcing the foundational principles of justice in India's legal system.
