Friday, April 19, 2024

Rajasthan High Court orders suspension of cop for separating inter-caste married couple

It is absolutely a gross misconduct on part of Constable Chandrapal Singh to be present in Court on duty without proper uniform: Rajasthan High Court

The Rajasthan High Court has ordered suspension of a policeman for separating an Inter-Caste couple, while directing the police to provide the couple with security.

The Jodhpur Division Bench of Justice Manoj Kumar Garg and Justice Sandeep Mehta passed the order against the Constable on July 13. Counsel Sikander Khan, representing the petitioner, made serious allegations against Constable Chandrapal Singh, posted at Police Station Karera in district Bhilwara.

The Counsel alleged that Chandrapal came to his office in the first week of July, while Kavish was present there for signing the Habeas Corpus petition and threatened him with dire consequences. The petitioner’s mobile phone was forcibly taken away by the Constable, got unlocked and some messages were seen from the same, further alleged by the Counsel.

Mr Khan informed the Court that when petitioner Kavish Nath and his wife went to Police Station Pokhran for presenting the order of police protection dated June 25, 2021 passed by the High Court, the Constable snatched the original documents from the petitioner.

Kavish had approached the High Court through a Habeas Corpus petition, seeking direction for production of his wife (Corpus), following which, she was produced in the Court on July 13.

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The plea said Kavish and his wife belong to different castes. While Kavish is Jogi by caste, his wife hails from Rajput community.

The Bench, while conferring with the corpus, said she prima facie appears to be under pressure and is unable to give a statement free from duress/coercion.

On confronting the Constable, he admitted before the High Court that he was in Jodhpur on the given date, but denied that he went to the office of the Counsel.

Further, the Constable claimed to be on Court duty in connection with the Habeas Corpus petition, but he was not in uniform.

“It is absolutely a gross misconduct on part of Constable Chandrapal Singh to be present in Court on duty without proper uniform,” the Court held.

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The Bench, while considering the serious allegations, directed the Superintendent of Police, Bhilwara to initiate disciplinary action against Constable Chandrapal Singh and provisionally place him under suspension. “The preliminary inquiry report of Superintendent of Police, Bhilwara shall be placed for perusal of the Court on the next date of hearing,” the order read.

It was clarified by the Court that the Corpus shall be taken to and lodged at Nari Niketan, Jodhpur for giving her a pressure free period of reflection/contemplation.

Later on July 16, the High Court directed the Superintendent of Police, Jaisalmer to provide security to the woman, her husband and his family members, in view of the apparent threat to their safety and security, while the Corpus set at liberty forthwith.


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