Read Time: 04 minutes

"State of affairs in the country is sad. When a political party is in power, Police Officials side with it and when a new party comes into power, the government initiates action against those officials – This is a new trend, which needs to be stopped,” The CJI while hearing a SLP today, said.

The petition was filed against an Order of Chattisgarh High Court which declined to quash FIR against the appellant in a Sedition Case for offence under Sections 124A & 153A of India Penal Code.

Senior Advocate(s) Fali S Narian appeared for the appellant and Mukul Rohatgi appeared for the State.

Notice was issued and 4 weeks interim protection from arrest, was granted to the appellant.

Brief Background-

Additional Director General of Police, Gurjinder Pal Singh (appellant herein) was accused of Sedition Charges.

The petitioner had contended that the registration of FIR is a continuation of the ill-motivated vendetta to rope the petitioner at the whims of State agency under the aegis of highest authority of the State on account of pre-election propagations made by the party in power. 

The High Court had denied relief stating, The interim order passed by Hon'ble the Supreme Court cannot be applied to the case of petitioner as he is a public servant and senior police officer to whom responsibility for maintaining law and order has been assigned, if such allegation is levelled against him it is serious conduct, therefore, he cannot be benefited from the order of Hon'ble Supreme Court."

"However, the High Court should be slow in interfering the criminal proceedings at the initial stage, i.e., quashing petition filed immediately after lodging the FIR/complaint and no sufficient time is given to the police to investigate into the allegations of the 1 AIR 2021 SC 1918 FIR/complaint, which is the statutory right/duty of the police under the provisions of the Code of Criminal Procedure," the Court added.