Bombay High Court Orders Police to Provide Complaint Copies with Notices

Mumbai: The Bombay High Court has issued a directive to the police, mandating that they provide a copy of the complaint along with the notice when calling individuals for a preliminary inquiry. This directive was issued on April 15 by Justices Ravindra Ghuge and Hiten Venegavkar, who expressed concern over the continuous lapses in this practice.

The bench was prompted to issue these directions while hearing a petition by Ajay Agarwal, the director of Vibrant Construction Pvt Ltd. Agarwal had sought a court order to compel the Charkop police to supply a copy of the complaint against his company. Prosecutor S V Gavand informed the court that a notice had been issued to Agarwal, but he did not appear for the inquiry. However, a copy of the complaint was eventually provided to Agarwal's advocate, Vishal Kolekar, in court. Kolekar stated that Agarwal would now respond to the complaint and cooperate with the preliminary inquiry.

The judges highlighted that it is a common practice for police to issue notices calling individuals to appear for inquiries without providing a copy of the complaint or even disclosing the substance of the allegations. They emphasized that such practices violate Article 20 (3) of the Constitution, which states that no person accused of any offense shall be compelled to be a witness against themselves. The judges also noted that this practice is contrary to the principles of natural justice.

To address these issues, the court directed that in cases where it is not feasible to furnish a copy of the complaint, the notice must contain a separate sheet providing a clear and sufficient gist of the allegations. The court specified that any deviation from this rule should only occur in rare and peculiar circumstances where disclosure would seriously prejudice the ongoing investigation or endanger the safety of the complainant or witnesses. In such cases, the reasons for not disclosing the details must be recorded in writing by the officer concerned.

The judges further directed the Director General of Police (DGP) to circulate the order to all police commissioners and superintendents to ensure its due implementation. This directive aims to promote transparency and uphold the principles of natural justice in police investigations.

The Bombay High Court's decision is expected to have a significant impact on how police handle preliminary inquiries and the rights of individuals summoned for such inquiries. It underscores the importance of adhering to legal principles and ensuring that individuals are treated fairly and justly throughout the investigative process.