Act against IOs, prosecutors for framing innocents: HC

Shimla: Finding the conduct of a police officer “highly deprecable” for a shoddy probe that caused harassment of innocent persons, the Himachal Pradesh high court has directed the state authorities to develop a mechanism to monitor the conduct of investigating officers (IOs), prosecutors, govt advocates and to take appropriate action against them for submitting challans in courts by presenting selective evidence in order to frame a person.
Dismissing an appeal by the state govt against Kullu district court’s judgment in a corruption case, the division bench comprising Justice Vivek Singh Thakur and Justice Bipin Chander Negi directed the additional chief secretary (home), director general of police and director (prosecution) to issue appropriate instructions, impart proper training and conduct orientation programmes to all IOs, prosecutors, govt advocates to ensure fair investigation and prosecution in all cases and filing of challans or cancellation reports after taking into consideration the entire evidence against or in favour of accused involved in the case. “Role and duty of investigating agency/prosecutors and other officers and officials associated with them is to churn the truth to ensure imparting justice to the aggrieved persons, but not to frame any person by hook or crook or all means in order to complete the challan and presented the same before the court for trial by ignoring the material proving the innocence of accused/suspects,” observed the bench.
The court, in the judgment released on Wednesday in ‘State of HP versus Chohan Singh and others,’ emphasised that “we are living in an independent democratic social welfare republic, which strives for the protection of the innocent under a rule of law”.
“None should be made to face the trial despite having evidence of innocence in his favour, withholding such evidence from court,” stressed the court.
In every case, where there is evidence of innocence of accused, prosecution or investigating agency is expected to act fairly and to place on record entire material and thereafter, is required to submit a report of cancellation of FIR or abortion of criminal action initiated against the accused named in FIR or complaint, added the division bench.