Delhi High Court
Court On Its Own Motion vs Commissioner Of Police & Anr on 15 February, 2012
Author: A.K.Sikri
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 836/2012
Date of Decision: February 15,2012.
COURT ON ITS OWN MOTION ..... PETITIONER
Through: Mr. R.K. Saini, Amicus Curiae with
Mr. Vikas Saini, Mr. Sitab Ali
Chaudhary & Mr. Vikram Saini,
Advs.
Mr. Sidharth Luthra, Sr. Adv.,
Amicus Curiae with Ms. Supriya,
Adv.
Versus
COMMISSIONER OF POLICE & ANR ..... RESPONDENTS
Through: Mr. S.S. Gandhi, Sr. Adv. with Mr.
M.S. Vinaik, Ms. Anjali Sharma &
Mr. Deepak Bashta, Advs. for Addl.
DCP.
Shri Pawan Sharma, Standing
Counsel (Crl.) with Mr. Harsh
Prabhakar, Adv. for State.
Mr. Sunil K. Mittal with Mr. Kshitij
Mittal & Mr. Pranav Rishi, Adv. for
complainant Advocates.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
A.K.SIKRI, ACTING CHIEF JUSTICE: (Oral)
1. On the last date of hearing, on mentioning of this matter by Mr.R.K.
Saini, Advocate about the incident occurred within the Court complex of
Patiala House Courts on 7th February, 2012, cognizance was taken. It was
found that the some lawyers had also made a complaint about this incident
to the District Judge and the District Judge had passed order on the said
complaint requesting the Commissioner of Police, PHQ, New Delhi to look
into the same and take appropriate action.
2. Two aspects were / are pointed out by Mr. Saini, namely:-
(i) The punishment meted out by the Addl.
DCP Mr. Seju P. Kurvila to the Constable
asking to do front rolls in Patiala House
Court Complex was inhuman and in
violation of human rights of the said
Constable.
(ii) The aforesaid act which happened within the
premises of Patiala House Courts amounted
to criminal contempt falling within the
meaning of Section 2(c) of the Contempt of
Court Act.
3. Notice was issued to the Commissioner of Police as well as the
concerned Addl. DCP. Mr. Sharma appears on behalf of Police
Commissioner & Mr. S.S. Gandhi, Sr. Adv. along with Mr. Vinaik appears
on behalf of Mr. Seju P. Kurvila, Add. DCP.
4. In so far as first aspect is concerned, our attention is drawn to Section
21 of the Delhi Police Act, 1978 which stipulates the punishments that can
be awarded to the delinquent officer. In the minor punishments one of the
punishment prescribed in sub Section 2 Clause (c) sub Section 2 of Section
21 reads as under:-
"any police officer of, and above, the rank of
Inspector may award punishment drill not
exceeding fifteen days or fatigue duty or any other
punitive duty to constables."
5. It is thus the submission of the Mr. Gandhi that punishment drill is
prescribed as one of the minor punishments under Section 21 of the Act.
6. We had requested Mr. Siddharth Luthra, Sr. Advocate to assist in the
matter. He has drawn our attention to Punjab Police Rules, 1934, Chapter
XVI thereof deals with punishments in Rule 16.1 (2) department
punishment which can be inflicted on the Police officials are mentioned. For
our purpose, the following punishments which are stipulated therein would
be relevant:-
Sr. Departmental Inspectors Sergeants, Sub- Head Constables
No punishment Inspectors and Constables
Assistant Sub-
Inspectors
7 Punishment drill not .. .. .. Supdt. of Police also Sr.
exceeding 15 days Asstt., Supdt. of Police,
Lahore, Dy. Supdt.
(Administrative), Railway
Police, Dy. Supdt. - in -
Charge of Railway Police
Sub Division and Officer-
in- Charge of Police
Recruits Training Centre,
Amritsar, and subject to
confirmation of Police, any
Asstt. Supdt. of Police and
Dy. Supdt. of Police of over
three years gazette service.
8 Punishment drill not .. .. .. Assistant and Dy.
exceeding 10 days Superintendents.
9 Punishment drill not .. .. .. Inspectors
exceeding 6 days
10 Punishment drill not .. .. .. Sub-Inspectors
exceeding 3 days
7. As per the aforesaid provision also punishment drill of different
durations can be inflicted as a penalty.
8. Rule 16.7 of the said Chapter defines what „punishment drill‟ would
mean and reads as under:-
"16.7 (1) Punishment drill shall consist of drill with a
masket and rolled great-cot for not more than six or less
than four hours in any one day, with an interval of at least
30 minutes between each hour. One such days shall be
counted towards the completion of an award of
punishment drill on which such drill is actually carried
out.
(2) An officer awarding punishment drill may direct
that the constable so punished, if attached to the reserve,
shall not leave the lines, except on duty during the days
on which such punishment is to be carried out."
9. The aforesaid provision does not include front rolls/crawling within
the category of punishment drill. It also gives an impression that such a
punishment is to be meted out to the particular police official in police lines.
10. We are however informed by Mr. Sharma, learned counsel appearing
for Delhi Police that it is a normal practice to include front rolls/crawling as
part of the training and therefore normally such kind of punishments are
meted out.
11. If that is the practice normally followed, we may not find much fault
with the concerned Addl. DCP when he awarded this punishment in the
instant case. It is to be borne in mind that there was dereliction of duty on
the part of the concerned Constable who was given this punishment. The
Constable was posted in Patiala House Court Premises which is a high risk
area from security angle. Going by the incident of bomb blast which
occurred in September, 2011 just outside the High Court premises, the
security in all Court complexes in Delhi including District Court complexes
has been tightened. It is expected of all police officials who are posted in
these premises to remain alert and discharge their duties with utmost
caution. It has come on record that the concerned Constable, at the relevant
time, was talking on mobile phone and was not checking the persons
entering the Patiala House Court premises.
12. Having said so, we are of the opinion that the punishment of the
aforesaid nature which is not specifically prescribed in the Punjab Police
Rules as well is inhuman in nature. There can be no cavil in saying that
respect for human dignity is the fundamental guiding principle in
establishment of a civilized society order. Even various conventions on
human rights are to the effect that recognition of inherent dignity and in
alienable rights of all members of human society is the foundation of
freedom, justice and peace in a country.
13. What needs to be kept in mind is that the punishment so imposed is
for the purpose of disciplining the person at fault and discipline is meant to
teach a person the difference between right and wrong, not to cause injury.
There is no necessity to inflict injury/pain to discipline a person. Above all
it is not expected from persons who are responsible for enforcement of civic
duties and legal order to indulge themselves in such activities.
14. In Daroga Singh and Ors. V. B.K. Pandey (2004) 5 SCC 26 the
Supreme Court explaining the role of the police in a civilized society held
that
"43. Police is the executive force of the State to which is
entrusted the duty of maintaining law and order and of
enforcing regulations for the prevention and detection of
crime. (Encyclopaedia Britanica, Vol.58, p.158). The
police force is considered by the society as an organised
force of civil officers under the command of the State
engaged in the preservation of law and order in the society
and maintaining peace by enforcement of laws and
prevention and detection of crime. One who is entrusted
with the task of maintaining discipline in the society
must first itself be disciplined. Police is an agency to
which social control belongs and therefore the police
has to come up to the expectations of the society.
xxxxx
45. Long back Sardar Patel had said, after achieving
independence, ____ "the police have inherited a legacy of
suspicion and dislike. For this reason, there is insufficient
respect for the police today. But, now that the country is
free, both the public and the police must change their
attitude." Shri S.V.M. Tripathi, former Director General of
Police has, in his evaluation 'Indian Police After Fifty
Years of Independence', said ____ "A sensitive police
officer can ensure justice and fair-play as no other
public servant can. The least he should do is to prevent
injustices on the poor in the society and other areas of
administration, specially a police station. Upholding
human rights, and protection of life and property of
citizens should be a matter of habit with the police
rather than that of display. The sooner we accept this
premise as imperative and honestly work towards
achieving it, the better it would be for the society and
the nation. The police leadership will have to push the
limits of feasibility for this purpose." (The Indian
Police Journal - Vol.XLV - Nos.1 & 2, at p.5). Citizens
of democratic India expect the police as humane and
efficient, professional and disciplined. It must be
remembered that the task entrusted to police is
onerous and the police cannot succeed in fulfilling their
functions without people's cooperation and public
approval. Professor R. Deb, a scholar in Indian Police
Service said - "If law represents the collective
conscience of Society, the Policeman, its principal law
enforcing agent ought to be the staunchest protagonist,
defender and keeper of that conscience." (Police and
Law Enforcement, published by S.C. Sarkar & Sons in
1988, p.1). He quotes Shri B.N. Mallick ___ an eminent
policeman of his times, as saying, that a modern
policeman ought to be an ideal citizen from every point
of view. "He must be on the side of good everywhere,
and at all times. But to do good the policeman must
himself be good. To be able to induce others to obey the
laws of society, he must obey them first. With his
example set before them, people will flock to his
banner not only to seek his help and protection but also
to assist him in his noble task. He must be the leader
amongst men. This leadership he must earn by his
integrity, kindness, character, steadfastness, dignity,
ability and self- sacrifice. He must always set the right
example". Professor R.Deb's description of an ideal
police is ___ "He should never forget that, like every
other citizen he too is subject to the Rule of Law, and is
legally responsible for his actions in carrying out his
duties, for he who enforces law must live by the law. In
discharging his onerous duties and responsibilities
under the law the policeman must eschew all
temptations to have recourse to short- cuts and extra-
legal methods. He must also be absolutely honest,
impartial and fair even to the worst legal transgressor.
In fine he must be the ideal citizen and a true servant
of the people in the performance of his duties under the
law." (ibid, p.9)
15. Furthermore awarding such a punishment to a person in the Court
premises in public glare was also not appropriate. The Police Commissioner
and/or concerned Competent Authority shall look into this aspect so that
specific directions are issued not to include such kind of punishment in the
"punishment drill" which is treated as minor penalty under Section 21 of the
Act. Directions may also include not awarding of the punishment in public
glare.
16. In so far as second issue is concerned namely the aforesaid act on the
part of Mr. Kurvila amounts to criminal contempt or not, we are of the
opinion that prima facie it is not covered by any of the clauses of Section
2(c) of the Contempt of Courts Act, 1971. Section 2 (c) of the Contempt of
Courts Act, 1971 reads as under:-
"Definitions. In this Act, unless the context
otherwise requires,--
2(c) "criminal contempt" means the publication
(whether by words. spoken or written, or by signs,
or by visible representations, or otherwise) of any
matter or the doing of any other act whatsoever
which-
(i) scandalises or tends to scandalise, or lowers or
tends to lower the authority of, any court ; or
(ii) prejudices, or interferes or tends to interfere
with, the due course of any judicial proceeding; or
(iii)interferes or tends to interfere with, or
obstructs or tends to obstruct, the administration of
justice in any other manner"
17. Even if by stretching language one covers the act under Clause (i) of
sub Section (c) of Section 2, in the facts and circumstances of the present
case, we are not inclined to initiate any criminal contempt proceedings in
this matter.
18. The petition is disposed of.
19. A copy of this order be sent to the Police Commissioner, Delhi
Police. Copy of this order be given dasti.
ACTING CHIEF JUSTICE
(RAJIV SAHAI ENDLAW)
UDGE
FEBRUARY 15, 2012
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