Chandigarh

HARYANA AGREES TO DELETE COLUMN OF CASTE IN VARIOUS FORMS PRESCRIBED UNDER PUNJAB POLICE RULES

November 02, 2017 03:52 PM

The State of Punjab and UT Chandigarh administration has however, sought more time for filing their reply. The PIL has now been adjourned to 14.12.2017 for further proceedings.

Chandigarh-(Face2News)

Haryana agrees to delete Column of Caste in various Forms prescribed under Punjab Police Rules, or under Criminal Procedure Code, 1973:

During resumed hearing of the PIL filed by advocate Hari Chand Arora, seeking directions to States of Punjab, Haryana and UT Chandigarh, seeking directions to the three respondents for further directing all the Investigating Officers under their control that they must not state/mention the caste or religion of the accused, victim or witnesses in recovery memos, FIRs, seizure memos, inquest papers and other forms prescribed under the Code of Criminal Procedure, 1973, as well as under the Punjab Police Rules,1934, a reply has been filed by Haryana Government through Special Secretary , Home Department.

It is stated in it that the Haryana Government is also of the view that there is no relevance of mentioning caste or religion of the accused in those firms, and that the State Government is considering to initiate process to delete these columns.

However, the State of Haryana has expressed some reservations regarding difficulty in not mentioning caste in cases where the complainant mentions caste of accused in the FIR, or in cases under Prevention of Atrocities against the SC and STs.

The petitioner had stated in the PIL that the aforesaid requirement to state/mention “caste” in various Forms, which are part of the Punjab Police Rules, 1934, is totally in conflict with the letter and spirit of various provisions of the Constitution of India, including its basic structure; and (ii) the impugned provisions of Punjab Police Rules, 1934 are totally outdated provisions, which were made before the Constitution of India came into force, and thus, are not in tune with the letter and spirit of the Constitution of India; and (iii) the aforesaid impugned provisions are also not in accordance with the provisions contained in the parent statute, namely the “Code of Criminal Procedure, 1973”, although the various Forms prescribed under the Punjab Police Rules, 1934, are so prescribed only with a view to effectively implement the provisions of Code of Criminal Procedure, 1973. The petitioner has argued that other alternative forms of identification, like mentioning Adhar Card No., House Number, or Patti/Ward Number of the concerned accused, witness or victim may be utilized by concerned officers

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