The Bombay High Court has directed police authorities across Maharashtra to furnish a copy of the complaint or at least disclose the gist of allegations while issuing notices for inquiry, holding that failure to do so violates principles of natural justice and constitutional safeguards.
A division bench of Justices Ravindra V. Ghuge and Hiten S. Venegavkar was hearing a writ petition filed by a company which alleged that it had been called for inquiry by the police without being supplied a copy of the complaint filed against it.
Taking note of recurring instances, the Court observed that police authorities were routinely issuing notices to individuals requiring them to participate in inquiries without disclosing the substance of allegations or providing a copy of the complaint. It held that such a practice cannot be sustained in a system governed by the rule of law.
The bench emphasised that the constitutional guarantee under Article 21, as interpreted in Maneka Gandhi v. Union of India, (1978) 1 SCC 248, requires that any procedure affecting personal liberty must be just, fair and reasonable. Compelling a person to respond to an inquiry without knowledge of allegations was termed manifestly arbitrary.
The Court further relied on principles of natural justice, particularly audi alteram partem, noting that a meaningful opportunity of hearing is possible only when a person is made aware of the case they are required to answer. It also referred to Nandini Satpathy v. P.L. Dani, (1978) 2 SCC 424 to underline that an individual must be informed of the nature of allegations to effectively respond during police questioning.
In addition, the Court observed that statutory safeguards under Section 41A CrPC and Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita are intended to ensure fair and transparent inquiry, as also recognised in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273.
Key Directions Issued:
• Police must, as a general rule, furnish a copy of the complaint along with the notice issued for inquiry;
• Where furnishing the complaint is not feasible, the notice must clearly disclose the gist of allegations;
• Any deviation from this requirement must be exceptional, with reasons recorded in writing, particularly where disclosure may prejudice investigation or endanger individuals;
• The Director General of Police, Maharashtra has been directed to circulate the order to all police authorities for strict compliance.
The Court held that failure to disclose allegations places individuals in a disadvantageous position, undermining fairness and exposing them to arbitrary police action.
With these observations, the Court disposed of the petition, issuing binding directions aimed at ensuring transparency, accountability, and protection of constitutional rights during police inquiries.
Appearances:
For the Petitioner: Mr. Vishal Laxman Kolekar i/b Mr. Siddharth P. Wakode
For State: Mr. S.V. Gavand, Additional PP
PSI, Sunil Sonawane (Pairavi), Charkop Police Station, Mumbai
