Don’t regress to colonial era while booking young boys on whispers: HC to Punjab DGP
Justice Sanjay Vashisth cautions against targeting 18–20-year-olds with clean records; asks Punjab DGP to prevent damage to young futures through unwarranted prosecutions
The case stemmed from an FIR registered at Police Station Gate Hakima, Amritsar City, under Sections 310(4) and 310(5) of the Bharatiya Nyaya Sanhita (BNS), with Section 25 of the Arms Act and Section 238 BNS added later.
In a strongly worded common order on Monday, the Punjab and Haryana High Court granted regular bail to three young petitioners in a robbery preparation case and expressed grave concern over police practices of implicating young boys in serious offences based solely on secret information and minor recoveries.
Allowing the petitions filed by Amritpal Singh @ Kaka along with Sahil Mattu and Sahib Singh @ Sujal Mattu @ Sabu @ Suraj, Justice Sanjay Vashisth said the manner in which the investigating agency proceeded raised “serious concerns”.
The case stemmed from an FIR registered at Police Station Gate Hakima, Amritsar City, under Sections 310(4) and 310(5) of the Bharatiya Nyaya Sanhita (BNS), with Section 25 of the Arms Act and Section 238 BNS added later. According to the prosecution, a police party received secret information that Amritpal Singh @ Kaka, Harmanjit Singh @ Harman, Sahil Mattu, Sahib Singh @ Sabu @ Suraj, and Karandeep Singh @ Karan had formed a gang and were preparing to commit robbery while armed with deadly weapons.
Justice Vashisth noted: “FIR was registered even prior to conducting any raid.” During the subsequent raid, a country-made .32 bore pistol with two live cartridges was allegedly recovered from co-accused Sahil Mattu, a small kirpan from Harmanjit Singh, and “a datar with wooden handle from the possession of the present petitioner” (Amritpal Singh).
The Court highlighted that Amritpal Singh, aged about 19 years, had no prior criminal cases. Recording the State’s submission, the order said: “Upon specific query by this Court, learned State counsel fairly concedes that petitioner, who is aged about 19 years, is not involved in any other criminal case nor has he been found indulging in any similar activity in the past.”
Justice Vashisth said there was difficulty in drawing any prima facie inference to justify the serious charges: “This Court finds it difficult to draw any prima facie inference from the allegations and the nature of recovery so as to justify the implication of the petitioner for the offences punishable under Sections 310(4), 310(5) and 238 of the BNS and Section 25 of the Arms Act. Notably, FIR itself came to be registered solely on the basis of secret information, even before conducting any raid, and the only recovery attributed to the petitioner is that of a datar, which, at least at the first instance, is an agricultural implement.”
Drawing a sharp parallel with colonial practices, the judge said: “This Court is constrained to remind itself of the Britishers’ era, when the police, acting as an instrument of colonial rule, often implicated persons arbitrarily on the basis of mere allegations or alleged receipt of information, without any meaningful verification. In the present time, such practices would be antithetical to personal liberty, being wholly impermissible in a sovereign and democratic republic governed by the Constitution and the rule of law.”
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The Court added: “The criminal justice system cannot be permitted to regress to such methods, particularly when the liberty and future of young citizens are at stake, and that too at the hands of State Police, which in any case is bound to protect citizens of the State from all kinds of atrocities.”
During the hearings, the Court had directed the Director General of Police, Punjab, to examine how such cases were being registered, especially against young boys aged 18–20. In compliance, Punjab Police issued a detailed circular dated April 3, 2026, containing guidelines for handling cases involving individuals with clean antecedents.
The Court placed on record key portions of the circular, which direct sensitisation of SHOs and investigating officers. The guidelines include coercive action only on “clear and unambiguous evidence”, strict adherence to Arnesh Kumar principles, no nomination as an accused solely on disclosure statements of co-accused without independent corroboration, preference for notices under Section 35 BNSS instead of immediate arrest, verification of absence of criminal antecedents, protection of education and employment from undue disclosure, and periodic supervisory review with possible deletion of names if evidence is insufficient.
Justice Vashisth observed that the circular emphasises “an individual of tender age shall not be nominated as an accused solely on the basis of a disclosure statement of a co-accused, without any independent corroboration.”
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Allowing the petitions and making the interim bail absolute, the Court said: “This Court expects that the State authorities will ensure that Investigating Officers are sensitised to the principle that FIRs should not be directly registered against young boys aged 18–20 years solely on the basis of secret information, especially in cases where the offence is alleged to have been committed only after the recovery of dangerous weapons. Proper verification and adherence to procedure must precede registration of such FIRs.”
Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US.
With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath.
Professional Background & Expertise
A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius
Her key focus areas include:
Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights.
International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila.
Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok.
Recent Notable Articles (Late 2025)
Her recent reportage focuses heavily on judicial interventions and regional governance:
1. Environment & Governance
"‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land.
"High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections.
2. Legal Rights & Social Welfare
"HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019.
"Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling.
"HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits.
3. Human Rights & Identity
"As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament.
"Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices.
Signature Beats
Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context.
Contact
@grewal_sharma on X
manrajgrewalsharma on Instagram ... Read More
