New Delhi: The Supreme Court, expressing strong criticism of the Uttar Pradesh Police stated that the force is "enjoying power" and must be "sensitized."
Justice Surya Kant, part of a bench hearing the matter, warned the police against taking any adverse action against the petitioner, emphasizing that the court would issue a "drastic order" if the petitioner was unlawfully targeted.
The bench, comprising Justice Surya Kant and Justice Ujjal Bhuyan, was addressing concerns raised by petitioner Anurag Dubey, who faced multiple FIRs and feared additional cases if he appeared for investigation.
To balance the investigation process and the petitioner’s safety, the court directed that Dubey comply with any notice issued by the Investigating Officer via mobile communication.
However, The Court prohibited the police from taking him into custody without prior court approval.
While the court declined to quash an FIR filed under Sections 323, 386, 447, 504, and 506 of the IPC, it issued notice to the state of Uttar Pradesh regarding anticipatory bail for Dubey in light of the nature of allegations against him.
The court also stayed Dubey’s arrest, provided he cooperated with the investigation.
Senior Advocate Rana Mukherjee, representing the Uttar Pradesh government, informed the court that despite being served a notice, Dubey did not appear before the Investigating Officer and instead submitted an affidavit.
Justice Kant observed that the petitioner might have been acting out of fear that the police would fabricate another case against him.
"He is likely avoiding appearance because he suspects you will slap another false case against him. Inform your DGP that if Dubey is harmed in any way, we will issue an order so severe it will leave a lasting impression," Justice Kant warned.
The Court expressed concern about the increasing FIRs filed against Dubey, questioning whether the police were encroaching upon civil matters and exceeding their jurisdiction.
"You allege land grabbing against someone who purchased property through a registered sale deed. Is this a civil dispute or a criminal one? Your police is entering dangerous territory and enjoying it," Justice Kant remarked.
Justice Kant emphasized the need for sensitizing the police force and urged Mukherjee to relay the court’s concerns to state authorities.
"Police must not misuse power. Officers need to be aware of their boundaries and responsibilities," The Court added.
The court also queried Dubey's counsel, Abhishek Chaudhary, about his client’s absence. Chaudhary informed the court that Dubey had provided his mobile number to police officers for communication regarding investigation dates and locations.
Justice Bhuyan suggested that modern digital tools should be used for communication, instructing the police to send a message on Dubey’s mobile, ensuring he remains informed and available for investigation.
Justice Kant reiterated that Dubey should join the investigation but must not be arrested without valid reasons presented to the court.
He warned that any officer acting outside legal boundaries would face severe consequences. "If police officers act improperly, not only will they be suspended, but they may lose much more," Justice Kant cautioned.
The court directed to curb misuse of power by the police and ensure the petitioner’s rights are protected while maintaining the integrity of the investigative process.
