28. Action to be taken on comments in judgments of Courts.
(a)When a Court of Sessions or a Court of superior status has in a judgment criticised the conduct of a police officer and has recorded its opinion that a special inquiry is necessary -(i)the District Magistrate may institute criminal proceedings forthwith if. in his opinion, there is sufficient evidence already available;(ii)otherwise, he should move the Provincial Government through the Commissioner to appoint a commission of two officers for publicly conducting such an inquiry; and(iii)in either event a preliminary departmental inquiry shall be held immediately by a police officer of superior rank with the object of collecting, collating and preparing all the available evidence for the criminal prosecution or the special inquiry.(b)When such Court has not recorded its opinion that a special inquiry is necessary, or when a Magistrate has in a judgment criticised the conduct of a police officer -(I)it will be at the discretion of the District Magistrate to order -(i)the institution of criminal proceedings, or(ii)a magisterial inquiry or a departmental inquiry by a police officer of superior rank, or(iii)disciplinary action by the Superintendent under the ordinary departmental rules,he shall send the Superintendent a copy of his order.(II)The Inspector-General may, if he considers it necessary, move the Provincial Government for the appointment of a special commission of inquiry.
