High court issues notice to Hisar SP, Haryana government on plea challenging Karnal court order
Chandigarh: The Punjab and Haryana high court has issued a notice to IPS officer
Shashank Kumar Sawan
, posted as Hisar SP, and the Haryana govt on a plea for action against the IPS officer according to the order passed by Karnal judicial magistrate first class (JMIC).
Justice Sandeep Moudgil
issued the notice after taking cognisance of a petition filed by Tanuj Jaglan. The petitioner challenged the order dated Aug 22, 2024, passed by the additional sessions judge, Karnal, in a case titled Shashank Kumar Sawan versus state of Haryana against the order dated April 24 passed by Karnal JMIC. The JMIC ordered the case to be sent to the chief judicial magistrate, Karnal, for proceedings against the then Karnal SP, Shashank Kumar Sawan, for the commission of offences under Section 166 of IPC (public servant disobeying the law) and Section 174 of IPC (non-attendance in obedience to an order from a public servant).
The counsel for the petitioner contended that Sawan, while posted as the Rewari SP, displayed misconduct which is per se inadmissible, making him liable for offences punishable under Section 166 and 174 IPC. The main contention of the petitioner is that the SP defied the directions of the lower court, Karnal.
According to the petitioner, the impugned order, whereby the order dated April 24, 2024, passed by the then Karnal JMIC has been set aside, is wholly unsustainable in law.
"The impugned order reminds one of some erstwhile proverbial maharaja rendering decisions on his own whims and fancies without the need to pass a speaking order. A perusal of the impugned order in relation to the order dated April 24, 2024, reveals that the impugned order is telegraphic. Perusal of the impugned order reveals that the public prosecutor did not open his mouth during the course of arguments and maintained almost absolute silence.
It does not require rocket science to know who gagged him. The JMIC's order, quashed by the additional sessions judge Karnal, was required to be upheld, but the same has been set aside illegally," the petitioner submitted.
The SP, as well as the state, has been directed to respond by May 27 on the contentions raised in the petition.
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