Once Superior Officer Approves Closure, It Isn't Open For Officer Inferior In Rank To Direct Re-Investigation Of Case: Jammu & Kashmir High Court

The Jammu and Kashmir High Court has recently ruled that once a superior officer of Police approves the closure of a case (as not admitted), it is not open to an officer who is inferior in rank to direct reinvestigation of the case.

The Bench of Justice Sanjay Dhar further added that if at all there was any scope for re-investigation of the case, the officer who is inferior in rank could have placed his opinion before his superior officer, instead of taking it upon himself and directing further reinvestigation of the case.

With these observations, the High Court, quashed an order issued by Superintendent of Police, City South, Jammu directing for re-investigation in a case, which was already closed by his superior, Senior Superintendent of Police, Jammu, and gave the liberty to the relevant authorities of the Police Department:

"To take appropriate disciplinary action against respondent No.3 (Superintendent of Police, City South, Jammu) for having acted in a manner which smacks of insubordination."

Noting that the course adopted by Superintendent of Police, City South, Jammu in the case not only amounted to an abuse of process of law but it also smacks of insubordination, the Court remarked:

"If at all there was any scope for re-investigation of the case, Superintendent of Police, City South, Jammu could have placed his opinion before his superior officer, the respondent no.2 instead of taking it upon himself and directing further reinvestigation of the case. The impugned order passed by respondent no. 3 is, therefore, not sustainable in law and as such, the same deserves to be quashed."

The case in brief

One Ajeet Chora through Advocate Ayushman Kotwal challenged order issued by the Superintendent of Police, City South, Jammu directing the further investigation in the case for offences under Section 380 IPC which was already closed as not admitted by the orders of Senior Superintendent of Police, Jammu.

The petitioner argued that after the investigation of the case, the investigating officer had arrived at a conclusion that allegations against the petitioner were not substantiated and as such, a report in this regard was submitted by the investigating officer to Dy. Superintendent of Police, SDPO, City South, Jammu, who in turn, submitted the matter to Senior Superintendent of Police, Jammu.

It was the further case of the petitioner that SSP, Jammu accepted the recommendation of Dy. Superintendent of Police, SDPO, City South, Jammu and accorded approval to the conclusion of the investigation of the case as not admitted.

However, Superintendent of Police, City South, Jammu, surprisingly, after according the approval to the closure of the case by SSP, Jammu issued the impugned order observing that the investigation of the case has not been carried out in a professional manner and thereafter transferred the investigation to in charge of Police Post, Chatha.

State was represented by AAG Aseem Sawhney.

Case title - Ajeet Chopra v. Union Territory of J and K and others

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