The Orissa High Court (HC) has quashed the proposal of the Odisha government to allow the investigation of certain cases by qualified Graduate Constables and Criminal Intelligence (CI) Havildars of Odisha Police.
A Bench headed by Justice Aditya Kumar Mohapatra ordered, “This court has no hesitation in coming to the conclusion that the Police circular Order No. 393 dated 21.05.2022 conferring power of investigation on constables and CI Havildars is unsustainable in law. Therefore, the same is hereby quashed.”
Earlier, the Odisha government had approved the proposal to allow Graduate Constables and CI Havildars to investigate certain petty offenses under certain Minor Acts having punishments of up to 3 years. They were given a charge to visit crime spots, investigate the facts and circumstances of the case and take measures for the recovery and the arrest of the offenders.
For effective implementation, the Graduate Constables and CI Havildars were supposed to be trained in all aspects of the investigation, starting from registration of an FIR, and writing of case diaries to submission of the final form.
After 4 to 5 weeks of institutional training at any recognized Police Training institution, they were supposed to be given field training in the police station for a period of at least 45 days. After completion of the training, they would undergo an examination to qualify to get the power of investigation.
The High Court order further read, “Further letter dated 10.06.2022 under Annexure-7 written by the IG of Police Training, BPSPA, Odisha to All District SPs requesting them to send GC and CI Havildars for in-service training pursuant to PCO No.393 dated 21.05.2022 is also unsustainable in law in view of the fact that PCO No. 393 dated 21.05.2022 has been quashed by this court. Accordingly, the said letter dated 10.06.2022 is also hereby quashed.”
(Reported by Goutam Panda, OTV)