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4w ago

Punjab and Haryana High Court Stays PSHRC Order Directing FIR Against Five Jalandhar Police Officers

The bench said the rights panel overstepped its recommendatory mandate under the Human Rights Act.

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The panel had acted on a complaint from one Ankush Gupta, who alongwith his brother was arrested in a brawl case reported in July 2023. He had alleged torture by the police and approached the panel in April 2024. (Getty Images/iStockphoto)
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Overview

  • The division bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry stayed the PSHRC’s October 13 directive, saying the commission had “travelled beyond its brief.”
  • The court held that the commission can only make recommendations to the state under the Protection of Human Rights Act, 1993, with recourse to higher courts if those recommendations are not accepted.
  • Notices were issued to the state government, the PSHRC, the Jalandhar Police Commissioner and the Gupta brothers, with the next hearing set for January 13, 2026.
  • The PSHRC had directed registration of an FIR under IPC Sections 365, 342, 166, 34 and 120-B against Inspector Gagandeep Singh Sekhon and four colleagues.
  • The petitioning officers deny custodial torture alleged after the July 2023 arrests, cite medical checks and CCTV, and their counsel has sought a CBI probe.