Jasbir Kaur vs Chandigarh Administration & Ors

Headnote AI-drafted · Reviewed and approved

Three Letters Patent Appeals were filed by Jasbir Kaur, LIC Housing Finance Limited and Charanjit Singh challenging a common judgment dated 27.11.2014 of the learned Single Judge, which had quashed the order dated 19.09.2012 of the Police Complaint Authority (PCA), Union Territory, Chandigarh and upheld the earlier order dated 25.05.2012 directing registration of an FIR against the appellants on a complaint by private respondent Satish Kumar Saini. The appellants contended that the PCA lacked jurisdiction to direct registration of an FIR against private individuals, as the authority was competent only to inquire into serious misconduct of police officials in exercise of their duties.

The core jurisdictional issue raised was whether the PCA, constituted under the relevant statutory framework governing police accountability, could entertain a complaint and pass directions for registration of an FIR against private persons who were not police officials. The appellants further pointed out that the original order dated 25.05.2012 was passed without affording them any hearing, and that the dispute was primarily a civil dispute, additionally noting that the State Consumer Disputes Redressal Commission had already set aside the consumer forum order that had been relied upon in the PCA's earlier order.

The Division Bench noted that the learned Single Judge had failed to consider the specific and substantial objection regarding the jurisdiction of the PCA to act against private persons, which had been raised in the written statement before the Single Judge. The appeals were taken up for disposal with LPA No.2032 of 2014 treated as the lead case, with the connected review applications also being considered together.

Catchwords: Police Complaint Authority · jurisdiction · FIR registration · private persons · police misconduct · Letters Patent Appeal · natural justice · audi alteram partem · Consumer Forum · review · Punjab and Haryana High Court