The Punjab and Haryana High Court has stayed an order by a Punjab human rights panel directing the registration of an FIR against five policemen for allegedly harassing two brothers. Passing the interim order, a division bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry said it was clear that the Human Rights Commission had exceeded its mandate by issuing directives and orders to be followed by executive officers, rather than making recommendations.
The division bench was hearing a civil writ petition filed by Inspector Gagandeep Singh Sekhon of Jalandhar Division No. 3 police station, Assistant Sub-Inspectors Satnam Singh and Makhan Singh, and Constables Gurpreet Singh and Harsimranjit Singh. They challenged the Commission’s October 13 order directing the Jalandhar Police Commissioner to register an FIR under sections of the Indian Penal Code for kidnapping, wrongful confinement, disobedience to law by a public servant, common intention, and criminal conspiracy. The bench held that the Commission had exceeded its jurisdiction by issuing binding orders instead of advising officials under the Protection of Human Rights Act, 1993. The court stated that the Commission can only advise the state government. The bench issued notices to the state, the Commission, the Jalandhar Police Commissioner, and the Gupta brothers. The court stayed the Commission’s orders against the officials until the next hearing on January 13, 2026.
There was a dispute outside the shop in 2023
The dispute began on July 3, 2023, outside an electrical goods shop at Phagwara Gate in Jalandhar, owned by Constable Harsimranjit Singh’s father. Officials stated that two brothers, Ankush Gupta and Rahul Gupta, became angry with their father, Raj Kumar Gupta, when a customer parked his car at the shop’s entrance. They stated that an argument ensued between the Gupta family, who assaulted Harsimranjit and his father and pulled off their turbans. The altercation was captured on CCTV. Police subsequently filed an FIR against the two brothers under sections of snatching, hurting religious sentiments, intentional hurt, and criminal conspiracy. The Gupta brothers were arrested that evening outside the Jalandhar Civil Hospital.
The investigation was conducted by the Special Director General of Police
Several medical tests were conducted in the hospital from July 4, in which no injury was found and on July 6 and 7, they were also examined in Kapurthala Civil Hospital and Jail. Several medical tests were conducted in the hospital from July 4, in which no injury was found. Ankush Gupta, who was released on bail on July 25, complained of pain in his leg from July 11, for which he blamed the police action and remained in the hospital till he was discharged on August 5, in Ludhiana DMC. He filed a complaint accusing the police and demanded action. The Gupta brothers filed a complaint with the Human Rights Commission on April 5, 2024, accusing the police and demanding action.