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Gurugram: The Supreme Court has quashed the proceedings initiated by a special judge of Kurukshetra against former IPS officer Bharti Arora under the Narcotic Drugs and Psychotropic Substances Act (NDPS). The court, in a strongly worded judgment, singled out the earlier order for lacking legal reasoning and described it as issued with a “predetermined mentality.”

The case stems from a 2005 incident in Kurukshetra in which a man named Ran Singh was arrested for allegedly possessing 8.7 kilos of opium. An investigation by Bharti Arora, the then Superintendent of Police (SP), Kurukshetra, found that the drugs were planted by others due to personal enmity and Ran Singh was considered innocent. Despite the findings, the special judge rejected Ran Singh’s discharge request and later convicted him in 2007, while acquitting the three other suspects. The judge 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 related proceedings in the Punjab and Haryana High Court, which upheld the special judge’s order. Later, Arora approached the Supreme Court, which led to an interim stay in 2010 on the Supreme Court’s order.

In its judgment, the Supreme Court highlighted procedural errors and violations of natural justice by the special judge. It noted that the negative comments were made against Arora without giving her an opportunity to defend herself. The apex court also criticized the judge for rushing the proceedings and holding hearings for seven consecutive days after dismissing Arora’s petition in the Supreme Court despite issuing a transfer order.

The Court emphasized the principles of natural justice and stated that “justice must not only be done, but also seen to be done.” The court noted that the special judge’s actions, including dictating an order after the transfer and sealing it for future adjudication, showed a lack of impartiality and fairness.

The Supreme Court further clarified that proceedings under Section 58 of the NDPS Act, which entail punishment for vexatious acts by public servants, require summary proceedings and must be conducted by a magistrate, under the Code of Criminal Procedure (CrPC). It ruled that the special judge had no jurisdiction to conduct such proceedings and had violated procedural standards.

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

The Supreme Court quashed the orders of both the special judge and the high court, including the show-cause notice and the subsequent proceedings against Arora. The court also deleted the negative comments made against her in the judgment convicting Ran Singh.

This judgment not only clears Arora of charges, but also underlines the importance of adhering to judicial fairness and procedural correctness in criminal proceedings.

“An illegal order was passed, we approached the Supreme Court and the order was announced in our favor,” Arora said.