'Colonial Mindset': Allahabad HC slams DSP, Govt Adv for filing counter affidavit with negligent pleadings

Rapping a Deputy Superintendent in Uttar Pradesh Police, the Allahabad High Court recently said that even though India has completed 75 years of Independence, it appears that the Police Administration still possesses the colonial mindset.  

The bench of Justice Manju Rani Chauhan observed, "Since 75th Independence Day Celebrations, Government has marked Azadi-ka-Amrit Mahotsav terming it to be 'Amrit Kaal' with prospective vision in the welfare of citizens of the country, however, Police Administration feels more comfortable to remain with colonial structure".

The judge said that such an attitude of functionaries who are instrumental to safeguard the public at large diminishes the ingrained belief in the system and plays a role in impeding the goal set out to ascend to new heights of prosperity.

The court was dealing with a plea filed by a woman under Section 438 CrPC seeking anticipatory bail in a domestic violence case. 

In the case, the husband, as well as the father-in-law of the deceased, had already been acquitted and the present applicant who was the mother-in-law of the deceased sought pre-arrest bail. 

Earlier, the court had directed the respondents to file a counter affidavit to the present plea and in pursuance of the same, the government counsel had filed a counter. 

Court noted that from the affidavit drafted by the Government Counsel IPS Rajpoot, AGA-I, it appeared that he did not hesitate in proving the applicant to be of criminal mind without adducing any substance in support thereof.

There was an averment in the affidavit that the bail applicant was a criminal-minded woman, however, no document was annexed to establish so. 

The remaining reply in the entire counter affidavit rested on denial to each fact mentioned in the anticipatory bail application.

Court noted, "Bare perusal of reply given to the averments of anticipatory bail application in counter affidavit appears to be perfunctory and cavalier in manner as also bereft of any cogent or coherent factual and legal foundation".

Court further stated that the contents of the counter affidavit reflected the impetuousness of Government Counsel as well as the deponent (the DSP) where each fact was negated sans due care constricting the role of the applicant as per their whims.

"This Court cannot turn a blind eye to such imprecise conduct," the court said. 

Moreover, the court emphasized that it appeared that the Deputy Superintendent of Police/ Circle Officer, Sahawar, District Kasganj, believed himself to be empowered with sanction to author a certificate of the propensity of a person without any cogent material.

"No such officer is allowed to enjoy impunity on the pretext of discharging official functioning nor can be set free to form an audacious remark without any basis. It is the prime duty of the concerned A.G.A. also who drafts counter affidavit to acquire the material relying on which the averments being made in counter affidavit," Court said. 

Taking note of the "negligent pleadings" in counter-affidavit, court sought a personal affidavit from DSP (Sahawar) Shailendra Singh stating as to what was in his possession for making statement as mentioned in the counter affidavit. 

Court also ordered him to personally appear on the next date of hearing with the record of the case.

Apart from that, court directed AGA-I IPS Rajpoot to also remain present before the court on the next date fixed to explain his conduct of dictating counter affidavit in such irresponsible manner.

The matter will be next heard on February 21, 2023. 

Case Title: Smt Chantara v. State of UP

Statute: Criminal Procedure Code, Indian Penal Code, Protection of Women from Domestic Violence Act, 2005