The Delhi High Court overturned a trial court’s orders for a departmental inquiry and monitoring of disciplinary proceedings against police officials in a POCSO case. The court ruled that the trial court had overstepped its authority after dealing with an anticipatory bail plea. Justice Saurabh Banerjee, in response to petitions by Inspector Aishvir Singh and former SHO Gyanender Rana, stated that the Additional Sessions Judge had no jurisdiction to continue supervising the case post granting bail.
The case stemmed from an FIR filed in June 2019 at Chhawla police station concerning a missing minor girl. Subsequently, charges under relevant sections were added after the victim was found. During an anticipatory bail hearing for a co-accused, the ASJ questioned the investigation delay and summoned previous investigating officers and SHOs. This led to a trial court order for a departmental inquiry against the inspectors and other officials.
Senior advocates representing the petitioners argued that the trial court’s actions were judicial overreach and lacked natural justice principles. The Delhi Police supported this stance, emphasizing that monitoring disciplinary actions post bail decision was improper. The Delhi High Court concurred, stating that once bail matters concluded, no further actions should have been taken against the officers without proper notice and hearing.
The court also referenced Supreme Court rulings cautioning against unwarranted criticism of investigating officers. It highlighted the potential long-term impact on public servants’ careers due to adverse remarks in judicial orders. While acknowledging the trial court’s concern over investigation delays, the Delhi High Court stressed that the ASJ’s approach exceeded the scope of a bail matter.
