The Orissa High Court has quashed the state government’s proposal to allow the investigation of certain cases by qualified Graduate Constables and Criminal Intelligence (CI) Havildars of police.
A bench of Justice Aditya Kumar Mohapatra on Friday while hearing a writ petition quashed the Odisha government’s proposal.
The bench said “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.”
The Odisha government had earlier approved the proposal to allow Graduate Constables and CI Havildars to investigate certain petty offences under certain Minor Acts having punishments of up to 3 years, like The Odisha Prevention of Gambling Act-1955, The Odisha Fire Works and Loud-Speaker (Regulation) Act-1958, Juvenile Justice (Care and Protection of Children) Act-2015, motorcycle theft, cases under Excise Act and other local Acts
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The decision was taken, after a proposal in this regard was given by then DGP RP Sharma on January 27, 2018 which was approved by the Odisha Government.
The Constables and Criminal Intelligence Hawaldars were given a charge to visit crime spots, investigate facts and circumstances of the case and take measures for the recovery and arrest of the offenders, sources said.
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.
A writ petition was filed by Minaketan Nayak and others in the high court challenging the state government’s order to allow investigation of certain cases by qualified Graduate Constables and Criminal Intelligence (CI) Havildars of police.