New Delhi: Three months after it took over probe into the Patiala colonel assault case, the Special Investigation Team (SIT) of the Chandigarh Police informed the Punjab and Haryana High Court that the accused police personnel were “not traceable”.
On Wednesday, SIT chief Manjeet Sheoran made these submissions before the HC in response to a petition filed by Colonel Pushpinder Singh Bath seeking transfer of the case to the Central Bureau of Investigation (CBI).
Sheoran was summoned to appear in person in response to the petition alleging a sluggish pace of the investigation and attempts by the SIT to shield the accused.
Justice Rajesh Bhardwaj did not accept the SIT’s submission, noting that the employment of the accused as personnel of the Punjab Police cannot be overlooked. “Weighing the facts and circumstances of the present case on the anvil of law settled, this court finds that there are no prospects of free and fair investigation in the case by the Investigating Agency of UT, Chandigarh,” the judge said in the order.
The case was registered only on 22 March, eight days after a dozen police personnel allegedly thrashed the colonel and his son outside a famous eatery on the intervening night of 13 and 14 March in Patiala. The HC handed over the case to the Chandigarh Police on 3 April and ordered the police chief to appoint an IPS officer as head of the SIT.
In his complaint, Colonel Bath had identified his attackers as Ronnie Singh Salh, Harjinder Singh Dhillon, Happy Boparai, Rajvir Singh, and Surjeet Singh.
The FIR was registered under Sections 109 (attempt to murder), 310 (dacoity), 115(2) (voluntarily causing hurt), 117(1), 117(2), (voluntarily causing grievous hurt), 126(2) (wrongful restraint), 351(2) (criminal intimidation), 190 (unlawful assembly) of the Bharatiya Nyaya Sanhita (BNS). The police later added Sections 299 (deliberate and malicious acts, intended to outrage religious feelings) and 191 (rioting) during probe.
The Punjab Police had suspended all the personnel named by Colonel Bath and formed the SIT to investigate the case. Colonel Bath, however, moved the high court seeking a fair probe by the CBI.
In submissions to the court, the SIT chief stated that after the court rejected Ronnie’s anticipatory bail plea on 23 May, raids were conducted to arrest him, but they were unsuccessful. Meanwhile, the officer submitted his opinion of dropping the attempt to murder charge, considering a medical opinion suggested injuries not of a dangerous nature and hence their custody was not essential.
The court rebuked the argument that the custody of the attackers was not required, as well as their being outside the SIT’s reach.
“Needless to say that other offences in the FIR are also non-bailable, but the investigating agency has no answer regarding its conduct in not proceeding against the accused. The only answer given to the court is that all the accused are not traceable. The court cannot lose sight that all the accused are serving police officials,” Justice Bhardwaj said.
Taking note of the sluggish pace of investigation and remote possibility of a fair and free probe, the court handed over the case to the CBI.
“Weighing the facts and circumstances of the present case on the anvil of law settled, this court finds that there are no prospects of free and fair investigation in the case by the Investigating Agency of UT, Chandigarh,” the judge said.
The colonel’s wife had welcomed the HC’s decision to transfer the case to the CBI. “It has been 120 days since the incident. Our faith in the Chandigarh Police had completely eroded, as the entire matter was continuously being misrepresented. However, today’s court decision has brought a new ray of hope, and we now believe that justice will be served,” Jaswinder Kaur Bath had said.
(Edited by Tony Rai)
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