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Top court exonerates former IPS officer charged in narcotics case.

GURUGRAM: The Supreme Court has quashed the proceedings initiated by a Kurukshetra special judge against former IPS officer Bharti Arora under the Narcotic Drugs and Psychotropic Substances Act (NDPS). The court, in a strongly worded judgment, termed the earlier order as lacking judicial reasoning and described it as being issued with a “pre-determined mindset.”



The case stems from a 2005 incident in Kurukshetra, in which a man called Ran Singh was arrested for allegedly possessing 8.7kg of opium. An investigation by Bharti Arora, then superintendent of police (SP), Kurukshetra, revealed that the drugs had been planted by others due to personal enmity and Ran Singh was deemed innocent. Despite the findings, the judge dismissed the discharge application for Ran Singh, later convicting him in 2007 and acquitting the three other accused. He also issued a show cause notice to Arora under Section 58 of the NDPS Act, alleging that the police had fabricated the investigation.

Arora challenged the show cause notice and the related proceedings in the Punjab and Haryana high court, which upheld the special judge’s order. Later, Arora approached the Supreme Court, leading to an interim stay on the high court’s order in 2010.

In 2021, three months after taking charge as inspector general of police (IGP), Ambala Range, Arora took voluntary retirement, when she turned 50.

THE TOP COURT QUASHED THE ORDERS OF BOTH THE SPECIAL JUDGE AND THE HIGH COURT AGAINST BHARTI ARORA

The Supreme Court, in its judgment, highlighted procedural lapses and violations of natural justice by the special judge. It noted that the adverse observations against Arora were made without providing her an opportunity to defend herself. The apex court also criticised the judge for rushing the proceedings, holding hearings on seven consecutive days following the dismissal of Arora’s petition in the high court, despite being under transfer orders. The bench observed that the special judge’s actions, including dictating an order after transfer and sealing it for future pronouncement, demonstrated a lack of impartiality and fairness. The Supreme Court clarified that proceedings under Section 58 of the NDPS Act, which involve punishment for vexatious action by officials, need a summary trial and should be conducted by a magistrate as per the Criminal Procedure Code.

The judgment also reaffirmed the legal protection granted to public servants under Section 69 of the NDPS Act for actions performed in good faith. The court found no evidence of mala fide intent or personal gain on Arora’s part and stated that her actions were carried out in the lawful discharge of her duties.

The apex court quashed the orders of the special judge and the high court, including the show-cause notice against her. “An illegal order was passed, we approached the apex court and the order was announced in our favour,” said Arora.

For case specific advice, get in touch with best Service Matters Lawyers Punjab and Haryana High Court District Court Chandigarh Panchkula Mohali Derabassi Kharar.

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