Is circulars issued by DGP not binding on all cops asks HC fumes at incomplete case diary

Mumbai, Jul 9 (PTI) In a stern rebuke emphasising the critical need for discipline within the police force, the Bombay High Court has questioned whether the legal provisions and circulars issued by the Maharashtra Director General of Police are merely symbolic or genuinely binding on the entire force.
A bench of Justices A S Gadkari and Rajesh Patil, in an order on July 7, noted it was "unconscionable and unpardonable" that police personnel were not following the mandate of law and directives issued by the office of the DGP in circulars on how to maintain a case diary.
It sought to know from the state police chief, via an affidavit, why the circulars issued by his office are not being followed.
While hearing a petition on the lackadaisical manner in which police were probing an economic offence, the court, after perusing the case diary, observed that as usual the document was maintained in an "absolute casual manner" and was more like a "loose leaf in a yellow colour plastic file".
The court noted the Maharashtra DGP has issued several circulars repeatedly directing all police personnel in the state to maintain case diary as per section 172 of the Criminal Procedure Code (CrPC).
Undoubtedly, all police personnel "must" follow the mandate of the law so also the directions issued by the DGP, the HC emphasised.
Directions issued by the DGP are not percolated to the lower rank personnel and they are blatantly violating directives issued by the top most authority of the police department, the bench maintained.
"This is unconscionable and unpardonable. It appears to us that, in a disciplined police force, the police personnel themselves are not following the discipline and are not following the mandatory directions issued by the office of the Director General of Police," HC said.
The bench maintained it was left with no other alternative than to direct the DGP to file a detailed affidavit as to why the circulars issued by his office are not being followed by his subordinate officers/police personnel.
"We, therefore, direct the Director General of Police to explain on oath whether the provisions of law enacted by Parliament of India are binding and mandatory on the police personnel in the State of Maharashtra or those are to be retained only in the books of law," the HC said.
The court noted that in the present case while the FIR was lodged in June 2024, till date the basic tenet of investigation- 'panchnama' - has not been carried out so far.
The less said, is better about remaining part of the investigation of an offence of this nature -- an economic offence -- which is being conducted by the officer of rank of assistant inspector of the local police station, the HC said.
The bench directed the Thane Commissioner of Police to file an affidavit to the plea.
It posted the matter for further hearing on July 21 by when the two affidavits (by DGP and Thane police chief) will have to be filed.

(This story has not been edited by THE WEEK and is auto-generated from PTI)