The Punjab & Haryana High Court has imposed a cost of Rs 1 lakh on Balwinder Singh Touri, a police officer, in a contempt case filed against him by Suresh Kumar Satija, an Akali Dal member. Satija had filed the contempt petition in 2018 alleging that Touri, the then Additional SHO of Police Station Bahawala, had violated the high court’s directions against handcuffing during the investigation in a 2018 forgery case.
Justice Arvind Singh Sangwan, while hearing the case, noted that Satija was handcuffed by Touri while being taken to his sons’ shop in Abohar during the investigation. Touri had handcuffed Satija as a preventive measure due to a large number of people gathering at the spot and trying to stop the government vehicle from proceeding further.
“It has also come on record that a number of persons gathered at the spot and, therefore, the respondent decided to handcuff the petitioner so as to prevent him from escaping from the police custody,” the court stated.
The court clarified that the cost imposed will have no bearing on Touri’s service career. Satija had expressed readiness to pay the cost to Touri, but he had also submitted that he does not want any compensation and instead a heavy fine to be imposed on Touri for violating the Supreme Court’s judgment regarding handcuffing of prisoners.
“It must be observed that at the stage of approving the gang chart on the basis of materials placed, the competent Authority should satisfy himself that a case for prosecution under the Act of 1986 is made out. Collection of further materials to prosecute follows at a later stage when after registration of the case, investigation commences. At the stage of approval of the gang chart, the approving Authority has to be convinced that a case for investigation under the Act of 1986 is made out,” the court stated.
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