In a significant judgment, the Madhya Pradesh High Court has directed the immediate transfer of a head constable accused of rape, citing his attempts to manipulate the investigation process. Justice Gurpal Singh Ahluwalia, presiding over the case, emphasized the necessity of impartiality in such serious allegations and criticized the police's failure to conduct a fair investigation.
The case revolves around allegations made by a woman who accused the head constable of raping her in January 2018. Despite the gravity of the accusation, the police did not register a First Information Report (FIR) promptly. It was only under the pressure exerted by the District Magistrate that the FIR was eventually lodged. The court noted that the police provided a false reason for the delay, claiming that the FIR was filed after the complainant's mother arrived, instead of acknowledging the non-cooperation by the police themselves.
Further complicating the matter, the petitioner's daughter filed an FIR in February 2018 against the complainant's husband, alleging eve-teasing. Subsequent inquiries by the Sub-Divisional Officer and the Additional Superintendent of Police concluded that the rape allegations were false, effectively giving the head constable a clean chit. However, these reports were not presented before the Magistrate for judicial scrutiny, raising concerns about transparency and due process.
Justice Ahluwalia observed that the head constable continued to exert influence over the investigation, undermining its integrity. The court expressed disappointment in the police's failure to act impartially, stating that they "miserably failed to discharge their duties." To prevent further interference, the court ordered the Director General of Police to transfer the head constable to a different part of the state immediately. Additionally, the court suggested that disciplinary action be considered under Rules 9 and 14 of the M.P. Civil Services (Classification, Control & Appeal) Rules, 1966.
The court also vacated the interim order dated January 3, 2019, and granted the police the liberty to take the head constable into custody. This move underscores the court's commitment to ensuring that justice is not obstructed by individuals misusing their positions of power.
This case highlights the challenges faced in ensuring impartial investigations, especially when the accused holds a position within the law enforcement system. The court's decisive actions aim to reinforce the principle that no individual is above the law and that the integrity of the investigative process must be upheld to maintain public trust in the justice system.
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