Gustakhi Maaf Haryana: Pawan Kumar Bansal

Gustakhi Maaf Haryana: Pawan Kumar Bansal

Minister Anil Vij Demands Immediate Suspension of SHO, Retired ADGP Resham Singh Criticizes the Action

Controversy Over Suspension of SHO by Haryana Minister Anil Vij

Former ADGP Resham Singh Criticizes Minister’s Order Without Inquiry

A recent controversy has erupted in Haryana after Home Minister Anil Vij ordered the suspension of Ambala’s SHO (Station House Officer) for allegedly disobeying his instructions to register a criminal case in a civil property dispute. Retired ADGP Resham Singh has expressed his concerns over the minister’s actions, calling for due process before taking such drastic steps.

SHO’s Right to Decide on Registration of Case

Resham Singh pointed out that the SHO has the authority to decide whether or not to register a case if they believe it is not a cognizable offence. According to Singh, the SHO can close the matter by reporting that the case is of civil nature rather than criminal. While the SP (Superintendent of Police) has the power to order the registration of a case, the SHO cannot be punished solely for not registering a case if it does not meet the criteria for a cognizable offence.

Singh further clarified that the SHO had tried to explain the situation to Minister Anil Vij, emphasizing that it was a civil matter, but the minister continued to publicly reprimand the officer. The incident was widely covered by the media, where Vij’s harsh treatment of the SHO was criticized.

Minister’s Actions Disturbing DGP and Public Scene

Minister Anil Vij not only publicly scolded the SHO but also disturbed DGP Shatrujit Kapoor, who was occupied with an urgent video conference, demanding immediate suspension orders for the officer. The situation escalated further when Vij, previously as Home Minister, had ordered the suspension of the Panipat SHO based on a complaint that the officer was demanding a bribe for allowing ambulance services. However, it was later revealed that the complainant had multiple criminal cases against them, and the SHO was reinstated.

ADGP Resham Singh’s Legal Perspective

Resham Singh, commenting on the situation, emphasized that the suspension of an SHO without an inquiry is inappropriate. He also referred to Section 173 of the BNSS (Bureau of National Security Services), 2023, which has clear provisions regarding the registration of criminal cases:

• Cognizable Offence: If the information pertains to a cognizable offence, the SHO is obligated to register the case, regardless of whether the offence occurred within their jurisdiction or not.
• Special Cases: If the information involves a crime against a woman or child, it must be recorded by a female police officer.
• Preliminary Inquiry: For offences punishable with 3 years or more but less than seven years, the SHO, with prior permission from the DSP or above, may conduct a preliminary inquiry to ascertain whether a prima facie case exists.

Singh concluded that if the informant feels the case is cognizable but the SHO deems it non-cognizable, the complainant can approach the District Superintendent of Police, who may then order the registration of a criminal case. He reiterated that requesting the suspension of an SHO without an inquiry is unwarranted.