Punjab and Haryana High Court dismisses PIL seeking direction to State Government for constituting commission against erring police officials

The Punjab and Haryana High Court dismissed a Public Interest Litigation (PIL) as infructuous filed seeking direction to the State Government to constitute a Commission under a retired High Court Judge/any other mechanism, to take action against all the erring police officials.

The PIL filed by one Nikhil Saraf alleged that the officials of the Police Department in the State of Punjab are misusing the official social media accounts by using their name and Official Emblem of the Punjab Police, which is reducing the image of the Police in the eyes of the general public.

On notice of these petitions, two separate replies have been filed by the respondents. In the reply dated 05.04.2022, filed on behalf of respondent No.1 – State, it is stated that vide notification dated 06.09.2019, the State of Punjab has framed the Punjab Police (Appointment of Chairperson and Members of Complaint Authorities) Rules, 2019, and thereafter, vide notification dated 23.01.2020, Shri Nirmaljit Singh Kalsi, IAS (Retd.), was appointed as Chairperson of the State Police Complaints Authority. Subsequently, vide notification dated 14.09.2021, Shri Satish Chandra, IAS (Retd.) was appointed as Chairperson of the said Authority.

In the reply dated 11.09.2023 it has been stated in this reply that on receipt of the letter dated 04.04.2022 from the Department of Home Affairs and Justice (Home-1 Branch), the office of respondent No.2, vide letter dated 26.05.2022 , directed all Heads of Police in Punjab to desist from unauthorized activities including endorsing and floating fake social media accounts of the State Police Department using the name & Emblem of the Punjab Police on such fake social media accounts. Police officials have been further instructed to desist from bringing disrepute and insult to the Uniform by “modeling in uniform” for publicity and by publishing objectionable pictures on their social media accounts and other such forms.

The Division Bench of Acting Chief Justice Ritu Bahri and Justice Nidhi Gupta while noting that since appropriate steps have already been taken by the respondents, no further direction is required to be issued in these petitions. If any police official/officer is found violating the directions appropriate action will be taken by the Department itself.

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