‘Don’t have basic knowledge of law’: HC pulls up MP cops for parallel inquiry into rape case that found complaint false

Bhopal/Jabalpur: Expressing dismay over the state of policing in Madhya Pradesh, the high court recently pulled up two police officers, including Narmadapuram district SP, for conducting a parallel inquiry into a rape case. The HC said it was shocking that police officers of SP and DSP ranks did not have even elementary knowledge of law.The parallel inquiry, done by the sub-divisional police officer (SDPO, an equivalent of DSP) of Itarsi town at the behest of the Narmadapuram SP following an application submitted by the father of the accused, had found the rape complaint to be incorrect.Justice G S Ahluwalia, while hearing the bail plea of the rape accused, took strong note of the fact that neither of the police officers were aware that a parallel inquiry during the pendency of an investigation was not maintainable under law.The accused had sought bail saying he was falsely implicated, and cited the parallel inquiry report to support his claim.Referring to the Itarsi SDPO’s report, the judge also questioned how the officer came to the conclusion that the allegations made by the complainant were false, without even caring to record her statement. It was clear the SDPO was not aware of the basic legal principle that a person must be given an opportunity to present his/her side in a matter, he said.The HC said it was shocking that the office of SDPO was used for giving a frivolous report in favour of the applicant, that too when such a procedure is not acceptable under law, and directed the trial court not to use the report of parallel inquiry for any purpose at any stage.After the judge’s scathing remarks, the counsel for the rape accused requested the court to allow him to withdraw his plea.The bench dismissed the bail plea as withdrawn, and said a copy of its order should be sent to state DGP to apprise him about the working of police in Narmadapuram and the manner in which serious offences like rape were being dealt with.