"These officers are good, when Government changes, they face heat": Supreme Court issues notice in IPS Gurjinder Pal Singh's plea seeking quashing of FIR

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The Supreme Court on Thursday issued notice on a plea filed by IPS Gurjinder Pal Singh against an Order of Chattisgarh High Court which declined to quash FIR against the appellant in a Sedition Case for an offense under Sections 124A & 153A of India Penal Code.

A division bench of Chief Justice of India NV Ramana, Justice Krishna Murari said,
 "These officers are good but when the Government changes, they are bound to face the heat."

Whereas, Senior Advocate Kapil Sibal appearing for Singh said that,
 "Everything changes, when the Government changes."

The bench has issued notice and listed the same after 4 weeks.

Additional Director General of Police, Gurjinder Pal Singh (appellant herein) was accused of Sedition Charges. Singh had contended that the registration of FIR is a continuation of the ill-motivated vendetta to rope Singh at the whims of State agency under the aegis of the highest authority of the State on account of pre-election propagations made by the party in power.

Earlier, CJI Ramana while hearing the plea had said, "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,”

Brief Background-

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.

Case Title: Gurjinder Pal Singh Vs. State of Chattisgarh