High Court raps Punjab Police for 'high-handedness'

Tribune News Service

Chandigarh, December 17

Taking cognizance of a “strange case” in which a divorced woman and her three minor children were left on the roads “in these extreme cold conditions and fog” after their “landlord” sought police help for their eviction, the Punjab and Haryana High Court today directed Jalandhar Range Deputy Inspector General of Police to step in.

Coming to the rescue of the hapless family, Justice Jasgurpreet Singh Puri directed him to take “prompt action” and ensure shelter for them immediately. He was also directed to consider looking into the role of the police official involved in the matter.

The matter was brought to Justice Puri’s notice after the woman, through counsel Vivek K Thakur, filed a petition alleging that the purported owner and “many unknown persons” forcibly got the house’s possession by throwing out all household articles and utensils with active aid of the police on December 1.

Justice Puri was also informed that the action of throwing away the articles was video-graphed. But the police, instead of taking action, connived with the other side and aided them. The respondents also enjoyed active political influence in the locality, it was added.

Appearing before the Bench, Thakur submitted that the Kapurthala Civil Judge (Junior Division) had restrained the defendants from interfering in peaceful possession of the plaintiff-woman over the suit property except in due course of law. The order was still in force.

The state counsel, on the other hand, submitted that the petitioner’s husband was a tenant. The owner went to the police station for getting the petitioner evicted on the ground that the last date of the rent deed had expired. Thereafter, some compromise was struck but not honoured by the petitioner. As such, the police could not do anything.

Rapping the police for being mute spectators and apparent high-handedness, Justice Puri asserted the house was an urban property and the purported landlord sought police help for eviction. Instead of taking action against the persons, who allegedly trespassed into the house and violated the Civil Court orders, the police did nothing.

“Prima facie, it appears to be a case of high-handedness by the police officials inasmuch as the police interfered in a purely civil dispute and that too regarding a rent matter. Even though remedy might be available with the petitioner under Order 39 Rule 2A CPC for violation of the injunction order passed by the court, this court deems it fit and appropriate in the facts and circumstances of the present case to invoke the extra ordinary jurisdiction of this court under Article 226 of the Constitution of India read with Article 21…,” Justice Puri added.

Cop told to arrange shelter for woman

Jalandhar Range Deputy Inspector General of Police has been directed to step in and ensure shelter for a woman and her three minor children, who were left on the road after their landlord sought police help for their eviction