HP High Court act tough against police officer showing their khaki Power
Shimla, April 27: In a significant ruling, the Himachal Pradesh High Court has set aside the discharge of a police officer accused of illegally detaining and assaulting an informer, holding that such acts cannot be shielded under the guise of official duty.
Delivering the judgment in Cr.MMO No. 345 of 2020, Justice Sandeep Sharma ruled that prosecution sanction under Section 197 of the CrPC is not required when a public servant’s actions have no reasonable nexus with official duty.
Informer beaten, detained despite giving correct information
The case stems from a 2016 incident in Shimla where complainant Nitesh Gupta reported a roadside assault to police. Instead of acting on the tip-off, the then SHO of Boileauganj police station allegedly detained Gupta, assaulted him, used abusive language, and confined him in the lock-up.
A subsequent inquiry by the DIG (CID) found that:
The incident reported by Gupta was true and corroborated by witnesses
Gupta was beaten inside the police station and subjected to inhuman treatment
He was illegally detained and his mobile phone seized
The SHO’s conduct amounted to “illegal action and serious misconduct”
Lower courts erred in granting protection
Despite these findings, the trial court discharged the accused officer citing lack of prosecution sanction, a decision later upheld by the sessions court.
However, the High Court found this reasoning flawed, observing that both courts failed to properly examine the inquiry report and the nature of allegations.
“No part of official duty to commit crime”
The High Court made it clear that:
Beating, harassing, or illegally detaining an informer cannot be part of official duty
Protection under Section 197 CrPC is meant for bona fide acts, not abuse of power
“Authority cannot be camouflaged to commit crime”
The court emphasized that a public servant is not entitled to protection when indulging in criminal acts, even if done during service.
Setting aside the discharge order dated August 31, 2018, the High Court directed the trial court to proceed with the case in accordance with law.
