Legal
Punjab and Haryana High Court: Police Must Pay Compensation for Inquiries Without FIR
The Punjab and Haryana High Court has ruled that police officers conducting investigation without filing a First Information Report (FIR) will be held accountable and required to compensate both the complainant and the accused. Justice N.S. Shekhawat emphasized that such actions violate legal provisions and could amount to contempt of court.
Court Demands Report from Ambala Police
Issuing strict directives, the court ordered the Superintendent of Police (SP) of Ambala to submit a detailed report on all investigations conducted in the district without the registration of an FIR. The SP must provide this report in the form of a personal affidavit, listing details such as the complainant’s name, complaint receipt date, inquiry initiation date, the number of inquiries conducted in each case, their outcomes, and the total number of investigations carried out.
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Case Background
The ruling came during the hearing of a petition filed through senior advocate R.S. Rai, seeking to quash a complaint under investigation by the Economic Offences Wing. The petitioner argued that the investigation was not only unlawful but also being used to pressure them into settling a dispute. The court was informed that a civil matter was being investigated by the police, which is legally impermissible.
Justice Shekhawat noted that multiple investigations and re-investigations were being carried out on complaints without filing an FIR, despite repeated court directives prohibiting such practices.
Violation of Supreme Court Guidelines
The court further observed that such inquiries were not just illegal but also in direct contradiction to guidelines set by the Supreme Court in the Lalita Kumari case, which condemned police investigations without an FIR. The conduct of the inquiry officers, the court stated, was bordering on contempt.
Police Officers Liable for Compensation
Stressing the seriousness of the issue, the Bench ruled that officials engaged in these unauthorized inquiries would be held liable to compensate both the complainant and the accused. “Even in financial matters, police officers are issuing notices and conducting investigations without legal backing, which cannot be permitted,” Justice Shekhawat remarked.
The court’s ruling serves as a stern warning against unauthorized investigations, reinforcing the necessity of adhering to legal procedures before initiating inquiries.