Taking a strong stand against the trend of mechanically implicating youth in criminal cases in Punjab, the Punjab and Haryana High Court has issued clear directions to the police not to register FIRs on the basis of mere confidential information or statements of co-accused. The High Court said that India is a democratic and constitutional system, and arbitrariness like that of the British rule is completely unacceptable.
Justice Sanjay Vashisht said that it is against the principles of law to convict youths between the ages of 18 and 20 without independent verification.
A juvenile cannot be charged on the basis of mere disclosure of a co-accused, unless there is independent evidence to support it. Comparing the practice with the British rule, the court said that during that period, the police used to arbitrarily implicate people on the basis of mere allegations or unverified information. The court warned that such practices were against personal liberty and were completely unacceptable in a democratic and constitutional system.
The court directed the state police to properly verify the facts before registering an FIR, follow the legal process, and not act solely on the basis of confidential information. Especially in cases involving seizure of weapons, where charges are often framed on the basis of mere seizure, the court urged extra vigilance.
The court expected the state government to sensitize the investigating officers to the principle that registering an FIR against the youth without solid evidence violates their personal liberty. The high court directed that a copy of its order be sent to the state Director General of Police (DGP) to ensure compliance of these guidelines across the police system.
About three months ago, the court had also asked the DGP to investigate how FIRs were being registered in serious criminal cases, especially against youths in the age group of 18-20 years, based solely on confidential information, without investigation, without raids and without verification.
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