New Delhi: The Supreme Court recently observed that police officers need not indulge in moral policing as it upheld the removal of the Central Industrial Security Force (CISF) constable from services due to misconduct. The bench comprising Justice Sanjiv Khanna and Justice JK Maheshwari quashed the order of the Gujarat High Court that had allowed the reinstatement of the CISF constable with 50% back wages from the date of his removal.
Back in 2001, the CISF constable was on night duty in Gujarat's Vadodara district, in a township, when he stopped a couple, who was going on a bike. The couple alleged that the constable wanted to spend some time with the woman, the fiancee of the man. The couple was able to avoid the situation by handing over the wristwatch to the constable.
After the couple's complaint, departmental proceedings were initiated against the constable and he was removed from the service. Challenging the dismissal, the constable moved to the Gujarat High Court, which ordered his reinstatement saying that the statements of the couple were inconsistent. Challenging the Gujarat HC CISF moved to the top court.
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The Supreme Court in its order observed that the facts of the case are "startling and distressing" and "police officers are not required to do moral policing, ask for physical favour or material goods". "She was a young girl and it is obvious would have felt anxious and awkward. It is understandable as she would not have liked being subjected to personal and private questions. These are facts of life that have to be accounted for when we evaluate and pass judgments," observed the court on the woman's inconsistent statements. After the order, the CISF constable will have to be removed again.
