Punjab & Haryana High Court Calls For Higher Level Of Scrutiny Into Email Complaints Received By NRI Cell To Prevent Misuse

The Punjab & Haryana High Court has expressed "glaring and alarming" concern over the registration of FIRs in Punjab on the basis of complaints received by the NRI Cell through emails.

Justice Alok Jain said,

"there exist a compelling need to formulate and implement a Standard Operating Procedure and to raise the level of investigation in such cases, where complaints are received by the NRI Cell through e-mail, particularly with regard to the veracity of the allegations levelled and so as to determine whether any offence has been committed within the territorial jurisdiction of this country or not."

During the hearing R.K. Jaiswal, ADGP (NRI), submitted that several women fall prey to false representations at the time of marriage and, after migrating abroad, are subjected to grave harassment and atrocities at the hands of their husbands or in-laws. At the same time, he pointed out that such disputes and grievances are no longer confined to complaints from the women's side alone and are increasingly being raised by the men's side as well, thereby necessitating a cautious and balanced approach by the police.

Taking note of these submissions, the Court observed that there is a compelling need to formulate and implement a Standard Operating Procedure (SOP) and to substantially raise the quality of investigation in cases where complaints are received by the NRI Cell through email.

The Court emphasised that such an SOP must focus on verifying the veracity of allegations and determining whether any offence has actually been committed within the territorial jurisdiction of India.

"The purpose of law is to protect citizens and not to facilitate illegal enrichment. Moreover, citizens are duty-bound to disclose the entire truth, and only the truth. At this stage, the ADGP has assured the Court that the necessary exercise would be undertaken to formulate and implement a Standard Operating Procedure and further undertakes to provide training and sensitizing the police officials with regard to the manner in which basic investigation is to be carried out in such cases," it added.

The ADGP sought time of three months to carry out the said exercise and to place on record the draft of the SOP before the Court.

The Court said that the ADGP shall be at liberty to constitute a Committee so that inputs from various perspectives may be taken, and the final draft shall be placed on record on the next date of hearing.

Observing that, "in the meantime, whatsoever amount has been received by the complainant in a settlement shall be kept in a Fixed Deposit Receipt and shall not be utilized by her in any manner," the matter was adjourned to April 21.

Mr. Deepak Bhardwaj, Advocate for the petitioners.

Mr. Vaneesh Rai, DAG, Punjab.

Mr. Arjun Kapur, Advocate for respondent No.2.

Title: MANDEEP SINGH AND ANOTHER V/S STATE OF PUNJAB AND ANOTHER

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