The Madhya Pradesh High Court has expressed strong disapproval of the state of policing in the region, recently reprimanding two police officers, including the Superintendent of Police (SP) of Narmadapuram district, for conducting a parallel inquiry into a rape case. The court remarked that it was shocking that officers of SP and Deputy Superintendent of Police (DSP) rank lacked even elementary knowledge of the law.
Parallel Inquiry Conducted by SDPO
The parallel investigation was carried out by the Sub-Divisional Police Officer (SDPO) of Itarsi, equivalent to a DSP, at the behest of the Narmadapuram SP. This followed an application submitted by the father of the accused. The SDPO's report concluded that the rape complaint was false.
Court's Observations
Justice G S Ahluwalia, while hearing the bail plea of the rape accused, took serious note of the fact that neither officer was aware that a parallel inquiry during the pendency of an investigation is not maintainable under the law. The accused had sought bail claiming false implication, citing the parallel inquiry report in his support.
The judge also questioned how the SDPO reached the conclusion that the allegations were false without even recording the complainant's statement. It was clear that the SDPO was unaware of the basic legal principle that a person must be given an opportunity to present their side. The court stated it was shocking that the SDPO's office was used to prepare a frivolous report in favor of the applicant, especially when such a procedure is not legally acceptable.
Directives and Withdrawal of Bail Plea
The High Court directed the trial court not to use the parallel inquiry report for any purpose at any stage. Following the judge's scathing remarks, the counsel for the rape accused requested to withdraw the bail plea, which the court allowed. The bench dismissed the plea as withdrawn and ordered that a copy of its order be sent to the state Director General of Police (DGP) to apprise him of the working of the police in Narmadapuram and the manner in which serious offenses like rape are being handled.
