Lawstreet Journal

Bias on part of Police Officer Cannot Be Presumed Merely Because He is a Facebook Friend of the Complainant: Punjab & Haryana HC [READ ORDER]

Lawstreet Journal 1 Dec 2020 12:40am

Image courtesy: Lawstreet Journal Judiciary Bias on part of Police Officer Cannot Be Presumed Merely Because He is a Facebook Friend of the Complainant: Punjab & Haryana HC [READ ORDER]

While dismissing a writ petition for transfer of investigation in a case registered at Police Station in Chandigarh, Justice Sant Parkash observed that if a person appears in the friend list of a Facebook page of any public servant, it cannot be assumed that an official shall favor such a person in an illegal manner and maneuver investigation of a crime.

Furthermore, Justice Sant Parkash said that it is indeed intriguing as to how the petitioner gained access to the Facebook account of the said police officer to prove his case. “Facebook accounts are privy to the account holder and the petitioner must be put to strict proof as to how has he been able to access the Facebook account of a police officer and where from he obtained the Facebook conversations”, the court said.

The Writ Petition was preferred under Article 226/227 of the Constitution of India, for issuance of a writ in the nature of certiorari, for transfer of investigation in case FIR No.0075 dated 21.09.2020 under Sections 419, 420 of the Indian Penal Code, 1860 registered at Police Station, Sector 19, Chandigarh, outside the jurisdiction of Chandigarh Police or any other competent agency.

The Advocate for Petitioner contended that petitioner is a victim of malice, vendetta, and extortion, unleashed by Rakesh Asthana, former Special Director, CBI, at the instance of his close associate Ms. Gertrude D’Souza.

The High Court summed up the allegations in short that the sum and substance of the allegations leveled by the petitioner are that Rakesh Asthana, the then… Continue Reading...

Tagged: Punjab and Haryana High Court  
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