Himachal Pradesh High Court Stops 24-Hour Surveillance of Suspended ASI Pankaj Sharma, Issues Strict Instructions to State Government
Shimla: In a significant judgment, the Himachal Pradesh High Court has ordered the immediate removal of 24-hour police surveillance imposed on suspended ASI Pankaj Sharma at a police guest house. The court emphasized that no restriction in the name of “security” should infringe upon a person’s personal liberty.
The order was passed by Justice Ajay Mohan Goel, who directed the state government to ensure the individual's security, if required, through lawful and non-intrusive means that do not violate his fundamental rights.
Background of the Case
ASI Pankaj Sharma was suspended after being accused of tampering with a pen drive allegedly recovered near the body of Chief Engineer Vimal Negi. The investigation of the case has since been handed over to the CBI.
In his petition, Sharma claimed that although he has neither been arrested nor placed under preventive detention, he was still being forcibly confined at a police guest house. His room was under constant CCTV surveillance, and police guards were posted 24x7, monitoring all his movements.
The petition alleged that this was being done without any legal order or judicial sanction, and thus violated Article 21 of the Constitution, which guarantees the right to personal liberty.
CBI Denies Role in Confinement
The CBI submitted before the court that it had no role in Sharma’s surveillance or confinement. They clarified that he was not being held on their instructions.
State Government's Justification and Court’s Response
Advocate General Anup Rattan, representing the state, told the court that the surveillance was arranged due to a perceived threat to Sharma's life. However, he also admitted that since the investigation is now with the CBI, the state is willing to review the existing security measures.
The court, while taking note of all submissions, ordered that Pankaj Sharma be allowed to meet his family and that any future decisions regarding his security must be made in consultation with him.
Final Court Ruling
After hearing all parties, the court concluded that keeping a person under continuous watch without legal backing amounts to an unconstitutional act. It ordered the state to remove all such restrictions immediately and disposed of the petition accordingly.
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