HC orders formulation of SOP to combat gang-related crimes in Punjab and Haryana
The Punjab and Haryana High Court has described as “baffling” the absence of a legislative framework in Punjab and Haryana to combat the growing menace of, even as it ordered the formulation of an SOP within two months to guide investigations in such cases.
Issuing a slew of binding directions to address the crisis, Justice Harpreet Singh Brar also made it mandatory for investigating authorities to promptly register an FIR on receiving information regarding gang-related activities. The bench clarified that such FIRs must not be uploaded on the police portals concerned. To ensure effective probe, it directed that investigation into such cases must be conducted by an officer not below the rank of DSP.
Terming the state of affairs as a failure in ensuring citizens’ right to life under Article 21 of the Constitution, the bench asserted credible threats of murder, rape, assault etc. were conspicuous obstruction in enjoying the right to life. Justice Brar asserted that organised crime thrives on fear, creating an environment of helplessness and subjugation, and called for breaking this cycle through robust, law-backed measures.
“The state owes a duty to its citizens to ensure their safety. It is only when security and subsistence are not under threat can a people truly make progress,” Justice Brar observed, adding that the BNS had, for the first time, added “organised crimes” as a specific offence — a glaring omission in the IPC of 1860.
Emphasising the need for accessible channels of complaint, Justice Brar also ordered the setting up of a toll-free helpline, an email ID, and an online portal for reporting gang-related crimes. Public awareness and sensitisation towards these facilities was also directed to be ensured. Justice Brar further directed the establishment of district-wise units of the Anti-Gangster Task Force (AGTF) and the Special Task Force (STF) in both Punjab and Haryana, with each district unit to be headed by a nodal officer of the rank of SP or DCP. A state-level headquarters was to be established under an officer of the rank of ADGP, who would also conduct periodic meetings with the district heads to collate information and monitor their functioning.
The ADGPs of Punjab and Haryana were ordered to hold quarterly meetings with their counterparts in neighbouring states and central agencies to share intelligence and coordinate efforts. Forensic examination of all devices recovered from accused individuals was made mandatory, with the scope extending to call detail records, financial transactions, and location tracing.
Justice Brar further directed that the proceeds of crime in all gang-related cases were required to be identified, with attachment proceedings initiated under the relevant provisions of the BNSS. If necessary, investigating authorities could obtain orders under Section 303 of the BNSS to prohibit transfer or removal of prisoners from “their lodgement place” for a year or until the trial concluded.
Taking cognisance of the importance of witness safety, Justice Brar ordered the Punjab Witness Protection Scheme, 2024, to be amended to align with the guidelines laid down in a judgment. The SOP was directed to “shed light” on aspects such as the meaning and scope of organised crime, procedures for registering FIRs, collection and forensic analysis of evidence from electronic devices including CCTV footage, freezing of bank accounts, monitoring of social media platforms, swift and time-bound investigations, ensuring witness safety, and conducting sensitisation events to build public confidence. The SOP must also mandate approval from the nodal officer before submitting the final report and outline procedures for identifying crime hotspots.
Judicial officers were also instructed to scrutinise final reports to ensure investigating officers were not acting under duress. They were directed to also apprise the District and Sessions Judge of any intimidation incidents affecting witness safety.
Haryana Tribune