2024 PCrLJ 1014
Rule 22.45 of the Rules requires the maintenance of different registers at a Police Station. This Rule enlists 25 types of books to be maintained at the Police Station. The Station Diary or Daily Diary (hereinafter ‘Station Diary’) is mentioned at serial No.2 which is commonly known as “Roznamcha” and maintenance of the same is a matter under discussion. The Station Diary is the most significant document retained at a Police Station, which has been designed to keep a check on the enormous powers bestowed upon the police authorities. The Station Diary is maintained under Article 167 of the Order and Rules 48 & 49 of Chapter 22, Volume III of the Rules, Article 167 and Rules 22.48.
A Station Diary is a register required to be maintained to record day-to-day events that take place in a Police Station. Rule 22.49 of the Rules elaborates the matters to be entered in Station Diary. For effective monitoring of daily work schedules in a Police Station, to monitor such works in a regulated manner and to ensure that duties are discharged by the police officer as it would involve balancing the rights of people, be that of the accused or that of the victim of crimes or the society in general, said "Diary" is to be maintained at all Police Stations. The Station Diary is used to record every major and minor incident occurring within the jurisdiction of the Police Station in chronological order. Station Diary is the main record of the affairs of the Police Station and should contain everything of importance relating to the working of the Police Station. Some of the entries in the Station Diary are amplified and recorded in other books as well but all the important things must be entered in this book. The Station Diary is a chronological record of the happenings at the Police Station and for fixing the time of any particular action of the police, the entry in the Station Diary provides an important source of evidence. It ensures transparency and fairness in the proceedings carried out by the police officers relating to their duties in a Police Station. It rules out the arbitrariness and whimsical exercise of powers by a police officer.
Details of information of cognizable offences or investigations already given in the First Information Book and the case diaries need not be reported in the Station Diary, but a gist of the information and a record of occurrences in the Police Station in connection with those cases, such as the receipt of information, the arrest of the accused persons, the production of a prisoner, the affecting of searches, seizures or the departure for or return from, of investigating officers, particulars such as identification parades and inspections held or attended, attendance at courts including submission of reports and charge sheets in the court, town patrols, assistance to officers of other Police Stations, etc., should be entered.
In cases where the question of illegal detention of a person in police custody is involved, Station Diary is of utmost importance to determine the transparency and fairness in the process of arrest and detention. Any violation of statutory law that results in illegal arrest and detention shall also be violative of Articles 4, 9, 10, 10-A, 13 and 14 of the Constitution. Under Article 4 of the Constitution public functionaries including police are bound to act in good faith, honestly and within the precincts of their power so that persons concerned should be treated in accordance with law. Article 9 of the Constitution guarantees that no person would be deprived of life or liberty save in accordance with law; while Article 10 of the Constitution provides safeguards as to arrest and detention.Article 10-A, which guarantees the right to have a fair trial to all citizens, also comes to rescue an arrested and detained person as it also applies to all the pre-trial proceedings including arrest and detention during an investigation. Articles 13 and 14 of the Constitution protect an accused against self-incrimination and torture. Any violation of law during the arrest and detention of a person would breach the constitutional guarantees and would lead to grave legal consequences.
Maintenance of Station Diary in accordance with the relevant law goes a long way to provide a mechanism against illegal arrest and detention as ensured under the Constitution. Introducing any device to bypass the mandatory requirements of the Rules shall amount to disregarding the constitutional guarantees. Through Notification No. 43604/DIG/I.T dated 15-12-2017, issued by the Provincial Police Officer, Punjab with the approval of the Provincial Government, it was directed to make an Amendment in Rules 22.3 and 22.4 of the Rules. Through this Amendment in the Rules, in addition to the hard copy of the Police Registers, a soft copy (electronic copy) shall also be maintained. It has been observed by this Court that in a number of cases pertaining to arrest and detention, maintenance of computerized record of Station Diary is used as a tool to shield the illegalities committed by police officials.
A self-explanatory procedure has been provided in Rules 22.48 and 22.49 of the Rules regarding the maintenance of Station Diary, which further needs no elaboration. However, I am persuaded to issue clear directions to the concerned police authorities regarding the maintenance of Station Diary, as infra: -
I. In every Police Station, a Station Diary shall be maintained in accordance with Article 167 of the Order and Rules 22.48 & 22.49 of the Rules. A strict adherence to the aforesaid provisions of law shall be ensured without further fail.
II. Maintaining a computerized record of Station Diary is the need of the hour but the same cannot be permitted to be used to open a new venue to cover or legitimize the illegalities committed by the delinquent police officials, therefore, the computerized record of Station Diary shall be prepared in addition to the manual record. In case of any conflict between the two, the preference shall be given to the manual Station Diary.
III. Any wrong entry in the Station Diary by a police officer shall ordinarily entail his dismissal from the service as per Rule 22.50 of the Rules. Zero tolerance in this regard should be shown by the supervisory officers and in case of failure on the part of the supervisory officer to do the needful, he shall be accountable for the same.
IV. Properly printed books, to maintain the Station Diary, containing the proper number of pages, should be issued to every Police Station by the concerned Superintendent of Police. Only duly issued books shall be used for maintaining the Station Diary to rule out the possibility of any fabrication and alteration in the same. A Station Diary without page numbers creates room for modification and alteration.
V. Wrong entries in the Station Diary should be scored out by means of a single line and initialed by a Senior Police Officer and in no case any such wrong entry be mutilated or rendered illegal nor should paper be pasted over it.
VI. A District and Sessions Judge of every District may call for and inspect the Station Diaries of Police Stations in his district occasionally to ensure that those are maintained following the law in its letter and spirit. This power under Article 167(2) of the Order should be exercised regularly to keep a check on the proper maintenance of Station Diary.
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