CHANDIGARH, May 27 — Calling the absence of a legislative framework to tackle organised crime in Punjab and Haryana “baffling,” the Punjab and Haryana High Court on Tuesday issued a series of binding directions and ordered both states to draft a Standard Operating Procedure (SOP) within two months to guide investigations in gang-related cases.
Justice Harpreet Singh Brar, while addressing the growing threat posed by gangs, said, “The state of affairs amounts to a failure in securing citizens’ right to life under Article 21 of the Constitution. Credible threats of murder, rape, and assault continue to obstruct the exercise of this right.”
Among the court’s key orders is the immediate registration of FIRs upon receipt of information about gang-related activity, a move aimed at improving response and accountability. However, such FIRs are not to be uploaded on public police portals to maintain operational sensitivity. Investigations into such cases must now be conducted by officers not below the rank of Deputy Superintendent of Police (DSP).
Justice Brar underscored that fear perpetuated by organised crime fosters public helplessness and weakens state authority. “Organised crime thrives on fear, creating an environment of helplessness and subjugation. Breaking this cycle demands law-backed, robust measures,” the bench stated.
The court noted the introduction of “organised crime” as a defined offence under the Bharatiya Nyaya Sanhita (BNS) for the first time — a critical omission in the Indian Penal Code of 1860. “The state owes a duty to its citizens to ensure their safety. It is only when security and subsistence are not under threat can a people truly make progress,” Justice Brar added.
To improve public access to complaint mechanisms, the court ordered the creation of toll-free helplines, dedicated email IDs, and online portals for reporting gang-related crimes. Authorities were directed to ensure public awareness and sensitisation around these tools.
Further, the bench directed the creation of Anti-Gangster Task Force (AGTF) and Special Task Force (STF) units in every district of Punjab and Haryana. Each district unit is to be headed by a nodal officer of SP or DCP rank. A state-level AGTF headquarters is to be set up under an Additional Director General of Police (ADGP), responsible for periodic coordination meetings with district heads to monitor and streamline operations.
To boost inter-state and inter-agency coordination, ADGPs from both states must hold quarterly meetings with counterparts in neighbouring states and central agencies. Forensic analysis of all electronic devices seized from accused individuals was made compulsory, with investigations to include call records, location data, and financial transactions.
Justice Brar also ordered the tracing and attachment of proceeds of crime under BNSS provisions, along with invoking Section 303 of the BNSS where necessary to restrict the transfer of prisoners during trials.
On witness safety, the court directed amendments to the Punjab Witness Protection Scheme, 2024, to bring it in line with the legal standards set by higher courts. The forthcoming SOP must cover key areas including the scope of organised crime, evidence collection protocols, use of CCTV footage, freezing of accounts, surveillance of social media, timely investigation procedures, and witness protection.
Judicial officers were also directed to carefully examine final police reports to ensure investigators are not operating under external pressure. Any threats to witness security must be reported to the District and Sessions Judge.
Justice Brar’s sweeping directives seek to usher in a structured, transparent, and accountable framework for addressing what the court termed a “conspicuous obstruction” to law and order in both states.
