The Punjab and Haryana High Court has strongly criticized the Punjab Police for misusing the stringent provisions of the Unlawful Activities (Prevention) Act. The court remarked that despite understanding the severity of the law, the police have given a gross misinterpretation. It stated that caution must be exercised during the enforcement of the Unlawful Activities (Prevention) Act, and it should not be used as a tool for oppression. The court emphasized that this is entirely coercive policing and not impartial policing. It urged the police to perform their duties thoroughly.
Justice Sureshwar Thakur and Justice Sudipti Sharma of the Bench made these comments while deciding on a bail plea in an attempted murder case. The High Court also issued directions for an inquiry into the misuse of the Act by the Punjab Police.
Considering the seriousness of the case, the High Court issued the following directives:
The Police Chief will monitor the investigation on a daily basis, ensuring that the Investigating Officer (IO) gathers evidence related to offenses under the Unlawful Activities (Prevention) Act diligently.
If there is negligence on the part of the police in their duties, the Director General of Police, Punjab, will ensure appropriate action against the erring officer.
The High Court issued these orders while hearing a bail plea in an FIR filed in Ludhiana. The complaint alleged that some individuals were consuming alcohol in front of the complainant’s house illegally. When the complainant asked them to stop creating a nuisance, a quarrel ensued, leading to the accused firing shots and injuring the complainant and his relatives.
The court observed that the Investigating Officer later added sections under the Unlawful Activities (Prevention) Act to the FIR. While the Trial Court removed it from the charge sheet, the High Court noted the need for scrutiny. The court commented that the allegations showed the police’s hidden motives and emphasized that the provisions of the Unlawful Activities (Prevention) Act should not be misused.
During the proceedings, the state argued that the accused individuals were not eligible for bail as they were habitual offenders. However, the High Court granted bail to both petitioners with stringent conditions, stating that the current bail does not prevent the court from granting regular bail if the applicants remain uninvolved in offenses. While concluding the hearing, the High Court directed the Director General of Police, Punjab, to ensure strict compliance with the instructions.