Kulbir Singh Etc. Vs. State of Punjab - Court Judgment

SooperKanoon Citationsooperkanoon.com/1125410
CourtPunjab and Haryana High Court
Decided OnFeb-10-2014
AppellantKulbir Singh Etc.
RespondentState of Punjab
Excerpt:
in the high court of punjab and haryana at chandigarh civil writ petition no.324 of 2013 (o&m) date of decision: 10.02.2014 kulbir singh, etc.…..petitioners versus state of punjab .....respondent coram:- hon'ble mr.justice sanjay kishan kaul, chief justice hon’ble mr.justice arun palli present: mr.navkiran singh, advocate for the petitioners mr.alok jain, addl. advocate general, punjab mr.ravi gupta, advocate for high court legal services committee .sanjay kishan kaul, chief justice: (oral) we have perused further affidavit filed. learned counsel for the petitioners points out that the aspects which he was seeking to urge now clearly emerge from the chart. for example, in case of santokh singh, the time period taken for giving verification report by the police department is two years.it is his allegation that it is the delay in submitting police reports which is breeding corruption, as the persons who are able to make their way through are able to obtain reports in a lesser period of time while in other cases the matter languishes in absence of the police report. it is, thus, his suggestion that in the policy dated 1.4.2013 there is no specific time period provided for verification report to be given by the police chand parkash 2014.02.11 12:59 i attest to the accuracy and integrity of this document cwp-324-2013 -2- department while time periods may have been prescribed for other aspects to be attended to. on the other hand, learned additional advocate general submits that in subsequent affidavits this time period is available. learned additional advocate general further submits that the other aspect mentioned in the order dated 3.10.2013 pertaining to mentally incapacitated convicts who have completed the sentence would also be incorporated in the policy. we are of the view that there should be one comprehensive policy and, thus, the time period for concerned police authorities to submit verification report with outer limit specified should be incorporated in the policy itself and, thus, the amended policy may be issued by the principal secretary to the government of punjab, department of home affairs incorporating this aspect as also the aspect pertaining to mentally incapacitated convicts. this will also provide the necessary checks and balances as, if the policy is violated, there are bound to be consequences on the officers.we, thus, dispose of this petition with the aforesaid directions. list for compliance on 21.03.2014 when amended policy will be placed on record at least three days before the date fixed with advance copy to learned counsel for the petitioners.( sanjay kishan kaul ) chief justice1002.2014 ( arun palli) parkash* judge chand parkash 2014.02.11 12:59 i attest to the accuracy and integrity of this document
Judgment:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.324 of 2013 (O&M) DATE OF DECISION: 10.02.2014 Kulbir Singh, etc.…..Petitioners versus State of Punjab .....Respondent CORAM:- HON'BLE MR.JUSTICE SANJAY KISHAN KAUL, CHIEF JUSTICE HON’BLE Mr.JUSTICE ARUN PALLI Present: Mr.Navkiran Singh, Advocate for the petitioners Mr.Alok Jain, Addl.

Advocate General, Punjab Mr.Ravi Gupta, Advocate for High Court Legal Services Committee .SANJAY KISHAN KAUL, CHIEF JUSTICE: (Oral) We have perused further affidavit filed.

Learned counsel for the petitioners points out that the aspects which he was seeking to urge now clearly emerge from the chart.

For example, in case of Santokh Singh, the time period taken for giving verification report by the Police Department is two yeaRs.It is his allegation that it is the delay in submitting police reports which is breeding corruption, as the persons who are able to make their way through are able to obtain reports in a lesser period of time while in other cases the matter languishes in absence of the police report.

It is, thus, his suggestion that in the policy dated 1.4.2013 there is no specific time period provided for verification report to be given by the Police Chand Parkash 2014.02.11 12:59 I attest to the accuracy and integrity of this document CWP-324-2013 -2- Department while time periods may have been prescribed for other aspects to be attended to.

On the other hand, learned Additional Advocate General submits that in subsequent affidavits this time period is available.

Learned Additional Advocate General further submits that the other aspect mentioned in the order dated 3.10.2013 pertaining to mentally incapacitated convicts who have completed the sentence would also be incorporated in the policy.

We are of the view that there should be one comprehensive policy and, thus, the time period for concerned police authorities to submit verification report with outer limit specified should be incorporated in the policy itself and, thus, the amended policy may be issued by the Principal Secretary to the Government of Punjab, Department of Home Affairs incorporating this aspect as also the aspect pertaining to mentally incapacitated convicts.

This will also provide the necessary checks and balances as, if the policy is violated, there are bound to be consequences on the officeRs.We, thus, dispose of this petition with the aforesaid directions.

List for compliance on 21.03.2014 when amended policy will be placed on record at least three days before the date fixed with advance copy to learned counsel for the petitioneRs.( SANJAY KISHAN KAUL ) CHIEF JUSTICE1002.2014 ( ARUN PALLI) parkash* JUDGE Chand Parkash 2014.02.11 12:59 I attest to the accuracy and integrity of this document