Param Raj Singh Umaranangal vs State Of Punjab And Others
2022 Latest Caselaw 6008 P&H

CWP No.22703 of 2020, CWP No.14076 of 2020(O&M), CWP No.1996 of 2021 and CWP No.2060 of
2022(O&M)                                        1

   IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                   CHANDIGARH


                                       Reserved on 31.05.2022
                                       Date of Decision-04.07.2022


1. CWP No.22703 of 2020(O&M)
Param Raj Singh Umaranangal                                     ... Petitioner
               Versus
State of Punjab and others                                    ... Respondents


2. CWP No.14076 of 2020(O&M)
Gurdeep Singh                                                   ... Petitioner
         Versus
State of Punjab and others                                    ... Respondents


3. CWP No.1996 of 2021(O&M)
Sumedh Singh Saini                                              ... Petitioner
         Versus
State of Punjab and others                                    ... Respondents


4. CWP No.2060 of 2022(O&M)
Suhail Singh Brar                                               ... Petitioner
           Versus
State of Punjab and others                                    ... Respondents




CORAM:-HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:       Mr. Gurminder Singh, Sr. Advocate with
               Mr. Sangram Saron, Advocate
               Mr. Jatinder Gill, Advocate and
               Ms. Surabhi Kaushik, Advocate
               for the petitioner in CWP No.22703 of 2020.


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2022(O&M)                                        2

               Mr. R.S. Cheema, Sr. Advocate with
               Mr. K.S. Nalwa, Advocate
               Mr. Arshdeep Singh Cheema, Advocate
               Mr. Satish Sharma, Advocate
               Mr. Chakitan VS Papta, Advocate and
               Mr. Yajur Sharma, Advocate
               for the petitioner in CWP No.14076 of 2020.
               Mr. S.P.S. Sidhu, Advocate
               for the petitioner in CWP No.1996 of 2021.
               Mr. Sangram Saron, Advocate
               Ms. Shubreet Kaur, Advocate and
               Ms. Surabhi Kaushik, Advocate
               for the petitioner in CWP No.2060 of 2022.
               Dr. Anmol Rattan Sidhu, Advocate General,
               Punjab with Mr. Pratham Sethi, Advocate

               Mr. A.P.S. Shergill, Advocate and
               Mr. Manoj Verma, Advocate
               for respondent No.3 in CWP Nos.22703 of 2020,
               CWP No.14076 of 2020 and CWP No.1996 of
               2021 and for respondent No.5 in CWP No.2060
               of 2022.
               Mr. Sumeet Goel, Sr. Advocate with
               Mr. Aarush Neeraj Vaid, Advocate
               for CBI.
                              ***
RAJ MOHAN SINGH, J.

[1]. Vide this common order, CWP No.22703 of 2020

titled Param Raj Singh Umaranangal Vs. State of Punjab and

others, CWP No.14076 of 2020 titled Gurdeep Singh Vs.

State of Punjab and others, CWP No.1996 of 2021 titled

Sumed Singh Saini Vs. State of Punjab and others and CWP

No.2060 of 2022 titled Suhail Singh Brar Vs. State of Punjab

and others are being considered. Since all the aforesaid

cases are having identical background, therefore, common

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facts pleaded in these cases are being noticed. Main order is

being passed in CWP No.22703 of 2020.

[2]. Petitioner-Param Raj Singh Umaranangal was

appointed as Deputy Superintendent of Police on

compassionate grounds on 03.09.1987. Thereafter, he was

promoted as Superintendent of Police in the year 1991. He

remained posed as S.S.P, Faridkot in the year 2008-09 and

DIG, Ludhiana Range, DIG Ferozepur Range and DIG Border

in the year 2012. He remained posted as IG

Jalandhar/Bathinda Range in the year 2013-2015.

[3]. On 01.06.2015, an incident was reported regarding

the theft of Sri Guru Granth Sahib Ji from Gurdwara at Burj

Jawahar Singhwala, District Faridkot. On 02.06.2015, FIR

No.63 was registered at Police Station Bajakhana in respect

of sacrilege incident. On 25.09.2015, FIR No.117 was

registered at Police Station Bajakhana again in respect of

another incident of sacrilege. On 12.10.2015, another incident

of sacrilege was reported and FIR No.128 was registered at

Police Station Bajakhana.

[4]. On 12.10.2015 and 13.10.2015, the mob protesting

the incidents of sacrilege in Kotkapura turned violent and the

situation became very alarming. The authorities resorted to

mild lathi charge with the permission of the Sub Divisional

Magistrate. The Sub Divisional Magistrate ordered the use of

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water cannon and tear gas to disperse the violent mob. The

protestors damaged and tried to snatch weapons of the police

personnel and set police vehicles on fire. Thereafter, SDM

ordered for firing in the air. In this incident, many police

officials received injuries. The illegal assembly then continued

to move towards Barghari and joined another group of

protestors, which was already present at village Behbal Kalan.

The Police had to do mild lathi charge. The Police personnel

were also attacked with some weapons. A day earlier to that,

forces from other Districts were also mobilized. Commissioner

of Police, Ludhiana and SSPs from other Districts like

Ferozepur, Sri Muktsar Sahib, Fazilka, Mansa and Moga were

also mobilized along with force from their respective units.

Director General of Police at Chandigarh was in touch with the

senior police officers.

[5]. In the clash on 14.10.2015 morning, some

policemen and protesters were injured at Kotkapura.

Petitioner was present at Kotkapura. After few hours,

information was received in respect of clash between the

police party headed by Mr. Charanjit Sharma, SSP, Moga and

protesters at Behbal Kalan. In the said clash, two persons

died. Behbal Kalan falls under the jurisdiction of Police Station

Bajakhana.

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[6]. FIR No.192 was registered on 14.10.2015 for the

offences under Sections 307, 353, 332, 333, 323, 382, 435,

283, 120-B, 148, 149 IPC, Section 25 of the Arms Act and

Section 3/4 of the Prevention of Damage to Public Property

Act, 1984 at Police Station City Kotkapura. FIR No.129 was

registered at Police Station Bajakhana in respect of incident

dated 14.10.2014 in village Behbal Kalan.

[7]. A Special Investigation Team was constituted by

Director General of Police, Punjab comprising of Mr. Iqbal

Preet Singh Sahota, IPS, Director Bureau of Investigation,

Punjab as Chairman, Mr. Amar Singh Chahal, IPS, DIG,

Ferozepur Range, Ferozepur as Member and Mr. R.S. Khatra,

IPS, DIG, Bathinda Range, Bathinda as Member for

investigating the aforesaid FIR No.129 dated 14.10.2015,

Police Station Bajakhana and FIR No.192 dated 14.10.2015,

Police Station Kotkapura.

[8]. A Special Investigation Team (SIT), recommended

for registration of FIR No.130 dated 21.10.2015 regarding

deaths in police firing. FIR was registered on the complaint

made by ADGP I.S. Sahota in respect of incident dated

14.10.2015 in village Behbal Kalan, for which FIR No.129

dated 14.10.2015 had already been registered. In respect of

violence at Kotkapura and Behbal Kalan, four FIRs were

registered.

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[9]. Vide notification dated 16.10.2015, Government of

Punjab under the Commission of Inquiry Act, 1952, appointed

Hon'ble Mr. Justice (Retd.) Zora Singh to inquire into the

sacrilege issues and the violence which erupted thereafter.

Vide notification dated 02.11.2015 issued by the State of

Punjab, investigations of FIR No.63 dated 02.06.2015, FIR

No.117 dated 25.09.2015 and FIR No.128 dated 12.10.2015

all registered with Police Station Bajakhana were sought to be

transferred to Central Bureau of Investigation.

[10]. Statement of Pardeep Singh, Inspector was

recorded before the Commission of Inquiry on 09.03.2016,

wherein he did not state anything about the petitioner, rather

stated that the petitioner was not present at village Behbal

Kalan.

[11]. The Commission of Inquiry headed by Hon'ble Mr.

Justice Zora Singh (Retd.) submitted its report, but the same

was not accepted by the State Government being not based

on conclusive evidence.

[12]. Second Commission of Inquiry was notified by the

State of Punjab on 14.04.2017 and the same was headed by

Hon'ble Mr. Justice Ranjit Singh (Retd.). Second Special

Investigation Team was constituted vide order dated

25.02.2018 passed by the Director Bureau of Investigation,

which was headed by Mr. Pritam Singh, PPS, SSP,

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Ferozepur. The said Special Investigation Team was to

conduct further investigation w.e.f. 25.02.2018.

[13]. On 30.06.2018, Commission of Inquiry headed by

Hon'ble Mr. Justice Ranjit Singh (Retd.) submitted its report.

Statements of Pardeep Singh, Inspector was recorded before

the Commission of Inquiry on 04.07.2016, 23.07.2017 and

02.08.2017 to the same effect that the petitioner was not

present at village Behbal Kalan. On the recommendations of

Commission of Inquiry, FIR No.129 dated 07.08.2018 was

registered for the offences under Sections 307, 323, 34, 148,

149 IPC and Section 27 of the Arms Act at Police Station City

Kotkapura, District Faridkot.

[14]. Notification was issued by the State of Punjab on

24.08.2018, transferring investigation of FIR No.129 dated

07.08.2018, Police Station Kotkapura and FIR No.130 dated

21.10.2015, Police Station Bajakhana to Central Bureau of

Investigation. Thereafter, subsequent decision was also taken

by the State Government to transfer FIR No.129 dated

14.10.2015, Police Station Bajakhana and FIR No.192 dated

14.10.2015, Police Station City Kotkapura also to Central

Bureau of Investigation.

[15]. On 24.08.2018, Action Taken Report was

submitted by the Government of Punjab before the Punjab

Legislative Assembly. On 28.08.2018, resolution was passed

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in the State Assembly to withdraw the investigation from

Central Bureau of Investigation. On 06.09.2018, two separate

notifications were issued for withdrawal of investigation from

Central Bureau of Investigation.

[16]. Thereafter, Director General of Police passed an

order constituting a third Special Investigation Team to

investigate FIR No.129 dated 14.10.2015 and FIR No.130

dated 21.10.2015, Police Station Bajakhana, FIR No.192

dated 14.10.2015 and FIR No.129 dated 07.08.2018, Police

Station City Kotkapura. The SIT was comprising of:-

(i) Prabodh Kumar, Director Bureau of Investigation

(ii) Arun Pal Singh, IG, Crime

(iii) Kunwar Vijay Partap, IG, Crime

(iv) Satinder Singh, SSP, Karpurthala

(v)Bhupinder Singh, Commandant, PRTC, Jehan

Khelan.

[17]. Petitioner was suspended on 26.02.2019 in view of

his arrest in one of the FIRs.

[18]. During the investigation before third Special

Investigation Team in FIR No.130 dated 21.10.2015, Police

Station Bajakhana (subject matter of the present petition),

nine persons namely Charanjit Singh Sharma, Amarjit Singh

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Kalar, Bikramjit Singh, Pardeep Singh (now approver),

Gurdeep Singh, Pankaj Bansal, Suhail Singh Brar, Param Raj

Singh Umaranangal (present petitioner) and Sumedh Singh

Saini were nominated as accused. Special Investigation Team

headed by Mr. Prabodh Kumar, IPS submitted four police

reports under Section 173 Cr.P.C before the trial Court. First

police report was submitted on 12.04.2019 against accused

Charanjit Singh Sharma.

[19]. Third Special Investigation Team constituted vide

order dated 10.09.2018 was segregated in two separate sub-

teams. Sub-Team-II comprising of Kunwar Vijay Partap, IG,

Crime, Head of sub team, Satinder Singh, SSP Kapurthala

and Bhupinder Singh, Commandant PRTC, Jehan Khelan as

members remained in team. Prabodh Kumar, Director Bureau

of Investigation was transferred in routine transfer and Arun

Pal Singh, IG, Crime showed his inability to return from ex-

India leave due to COVID-19 lockdown. The aforesaid sub

team-II was entrusted with the task of investigating all the

aforesaid four FIRs in Behbal Kalan and Kotkapura. General

Diary No.19 was registered in FIR No.130, thereby adding

Sections 194 and 195 IPC on 03.06.2020. General Diary

No.34 was registered in FIR No.130, wherein Sections 218

and 201 IPC were added on 16.06.2020.

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[20]. Co-accused Sohail Singh Brar previously cited as a

witness in the first report under Section 173 Cr.P.C dated

12.04.2019 was arrested in FIR No.130 dated 21.10.2015,

Police Station Bajakhana. Pankaj Bansal who was also cited

as a witness in the aforesaid first report under Section 173

Cr.P.C dated 12.04.2019 was arrested on 20.06.2020 in FIR

No.130 dated 21.10.2015, Police Station Bajakhana. Suhail

Singh Brar and Pankaj Bansal were granted bail in FIR

No.130 dated 21.10.2015 on 21.08.2020.

[21]. Inspector Pardeep Singh, who was present at the

scene of occurrence made an application to the Investigating

Officer of the Special Investigation Team for becoming an

approver. On 03.09.2020, Inspector Pardeep Singh made a

statement before the Judicial Magistrate First Class, Faridkot,

wherein he has implicated the petitioner and Sumedh Singh

Saini as accused. On 15.09.2020, Inspector Pardeep Singh

was made an approver by the Court of Sessions at Faridkot.

[22]. Co-accused Gurdeep Singh filed CWP No.14076 of

2020. Vide order dated 25.09.2020, High Court was pleaded

to order that no supplementary report in terms of Section

173(8) Cr.P.C shall be submitted by the Special Investigation

Team. Subsequently, the said order was modified to the

extent that it applied only viz-a-viz the writ petitioner i.e.

Gurdeep Singh in CWP No.14076 of 2020.

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[23]. In view of statement of the approver, petitioner was

arrayed as an accused in the aforesaid FIR No.130 vide

General Diary No.16 on 27.09.2020. Supplementary report

under Section 173(8) Cr.P.C was filed on 09.10.2020 qua

Amarjit Singh Kalar, Bikramjit Singh, Pankaj Bansal and

Suhail Singh before the trial Court. Again a supplementary

report under Section 173(8) Cr.P.C was filed on 15.01.2021

qua the petitioner and Sumedh Singh Saini. Supplementary

report under Section 173(8) Cr.P.C was also filed on

12.03.2021 regarding sanction taken by the Home

Department.

[24]. At the time of filing of third supplementary report

under Section 173(8) Cr.P.C against the petitioner and

Sumedh Singh Saini the then D.G.P, police investigation qua

co-accused Gurdeep Singh was statedly pending. Now report

under Section 173(8) Cr.P.C has been prepared even qua co-

accused Gurdeep Singh, but the same could not be filed

owing to the order dated 25.09.2020 passed in CWP

No.14076 of 2020.

[25]. Learned Senior Counsel for the petitioner

vehemently argued that in view of Action Taken Report tabled

before the Punjab Assembly, only departmental action was

proposed against 14 police officers including the petitioner. No

criminality was shown against the petitioner. Details of those

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14 police officers find mentioned in column No.10 of the

Action Taken report, which are as under:-

(1) Mr. Charanjit Singh Sharma, the then SSP, Moga.

(2) Mr. Amar Singh Chahal, the then DIG, Ferozepur

Range.

(3) Mr. Rohit Chaudhary, the then ADGP/Law and Order.

(4) Mr. Raghubir Singh, the then SSP, Mansa.

(5) Mr. Hardial Singh Mann, the then SSP, Ferozepur.

(6) Mr. S.S. Mann, the then SSP.

(7) Mr. M.S. Chhina.

(8) Mr. Sumedh Singh Saini, the then DGP.

(9) Mr. IPS Sahota, the then Head of SIT.

(10) Mr. Jatindera Jain, the then IGP, Bathinda.

(11) Mr. Param Raj Umaranangal, the then

Commissioner of Police, Ludhiana (petitioner)

(12) Mr. Baljit Singh Sidhu, the then DSP, Kotkapura.

(13) Mr. Jagdish Bishnoi, the then DSP.

(14) Mr. Birkamjit Singh, the then S.P.

[26]. Petitioner was proceeded against departmentally

and show cause notice for disciplinary action was issued

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against the petitioner on 23.08.2018. Charge-sheet was

served upon the petitioner on 24.09.2020 for imposing major

penalty. Petitioner was placed under suspension firstly on

26.02.2019 and secondly w.e.f. 26.09.2020 vide order dated

20.11.2020 under Rule 3(3) of All India Service (Discipline

and Appeal) Rules, 1969, vide which review order was passed

in respect of suspension of the petitioner.

[27]. Learned Senior counsel further submitted that no

criminality was indicated and no observations were made in

respect of role of the petitioner, which may lead to inferences

of dereliction of duty, misconduct or otherwise involving

serious deficiency in discharge of his official duty. The

suspension of the petitioner was on account of his arrest on

18.02.2019 in FIR No.129 dated 07.08.2018 under Sections

307, 323, 341, 201, 218, 120-B IPC and Section 27 of the

Arms Act at Police Station City Kotkapura. Petitioner

remained in custody and was granted bail on 11.03.2019 by

the Court of Sessions at Faridkot.

[28]. Learned Senior Counsel further submitted that the

challan was submitted in FIR No.130 on 12.04.2019 only

against Charanjit Singh Sharma, the then SSP, Moga.

Learned Senior Counsel by referring to the findings of Special

Investigating Team in the first challan submitted that Inspector

Amarjit Singh, S.P, Bikramjit Singh and Inspector Pardeep

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Singh were held responsible for not projecting true facts and

thus committed offence under Section 166-A read with

Section 120-B IPC. Petitioner was not named in any manner.

It was also mentioned that during course of investigation by

the Special Investigation Team, facts have come that ruqa

was scribed at Police Station City Kotkapura by S.S.P

Charanjit Singh, Inspector Pardeep Singh and S.I. Amarjit

Singh, S.H.O, Police Station Bajakhana on the basis of which,

FIR No.129/2015 was registered at Police Station Bajakhana,

wherein it has been admitted that the police in their defence

had made firing on the agitating public, killing Krishan

Bhagwan Singh and Gurjit Singh and injuring Beant Singh.

[29]. Thereafter, S.S.P Charanjit Singh, S.P Bikramjit

Singh, Inspector Pardeep Singh and Inspector Amarjit Singh,

SHO, Police Station Bajakhana under a conspiracy at the

house of Suhail Singh Brar requisitioned .12 bore gun of

Guard Charanjit Singh and in order to strengthen their part,

fired shots on official Gypsy, thereby creating false evidence

in order to shift blame on the public. To the extent of

involvement of the aforesaid persons, the investigation was

pending and it was observed that supplementary challan

would be filed against them as well. There was no reference

of the petitioner, Sumedh Singh Saini and other writ

petitioners in view of first challan submitted on 12.04.2019.

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Inspector Pardeep Singh was made approver under the

inducement of granting pardon. His statement was recorded

on 03.09.2020 after five years of the occurrence and

thereafter, G.D No.16 was recorded on 27.09.2020, in which

petitioner and Sumedh Singh Saini were nominated as

accused in FIR No.130 dated 21.10.2015.

[30]. Learned Senior Counsel further submitted that

second supplementary challan was filed by the Special

Investigation Team on 09.10.2020 against four more persons

namely Amarjit Singh Kalar, Bikramjit Singh, Suhail Singh

Brar and Pankaj Bansal. No supplementary challan was

submitted against the petitioner and Sumedh Singh Saini

despite existence of G.D No.16 dated 27.09.2020 and

statement of approver dated 03.09.2020.

[31]. Learned Senior Counsel further submitted that third

supplementary challan was submitted by the Special

Investigation Team on 15.01.2021 against the petitioner and

Sumedh Singh Saini on the statement of approver (Inspector

Pardeep Singh). Even the complainant Resham Singh

objected to the approvership of Inspector Pardeep Singh and

filed an application in the Court, but the same was dismissed.

In the concluding part of the challan, following recital was

made:-

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"That Sumedh Singh Saini accused in this case was asked to join investigation on 25-2-2019 and similarly, Paramraj Singh Umranangal was asked to join investigation on 12-2-2019. Both have been granted blanket bail by Hon'ble Punjab and Haryana High Court."

[32]. Learned Senior Counsel submitted that perusal of

third supplementary challan would show that the petitioner

was arrayed as accused only in third supplementary challan

on 15.01.2021 and there was no occasion for the police to ask

him to join investigation on 12.02.2019 when there was not

even iota of evidence against him. Even in third

supplementary challan, the supplementary challan qua co-

accused Gurdeep Singh was to be filed later on.

[33]. Co-accused Gurdeep Singh filed CWP No.17459 of

2019 in view of his involvement in FIR No.129 dated

07.08.2018 under Sections 307, 326, 324, 323, 341, 201, 218,

120-B, 34 IPC and Section 27 of the Arms Act and FIR

No.192 dated 14.10.2015 under Sections 307, 353, 332, 333,

323, 382, 435, 283, 120-B, 148, 149 IPC, Section 25 of the

Arms Act and Section 3/4 of the Prevention of Damage to

Public Property Act, 1994 at Police Station City Kotkapura.

[34]. High Court vide detailed order dated 09.04.2021

passed in CWP No.17459 of 2019, quashed the investigation

of the aforesaid FIRs registered in Kotkapura after recording

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incriminating observations against the Investigating Officer of

the Special Investigation Team. Relevant observations in this

regard are reproduced hereasunder:-

")))Accordingly, this court finds that the investigation carried out by the respondent No.3 is not free from blemish. His personal malice and malafide functioning by totally usurping the powers of SIT constituted in the first instance, has been duly demonstrated on record. The petitioners have also been successful in showing that the respondent No.3 has gone to the extent of manufacturing the statements of witnesses to suit his designs, by recording differing statements of same witnesses in these two FIRs; with convenient omissions in their statements recorded under section 161 Cr.P.C. in police FIR No.192 dated 14.10.2015 qua the violence by the protestors; whereas that finds mentioned in their statements recorded in FIR 129 Dated 07.08.2018. The record also shows that the respondent No.3 has declared the accused mentioned in the FIR No.192 dated 14.10.2015 as innocent even without recording statement of a single injured police witness. Also the conclusions drawn by the respondent No.3 are found to be against the statement of witnesses recorded and the material collected by him only.

Moreover, the political interest of the current dispensation in the state qua the investigation; and the political theatrics of respondent No.3 during the instant investigation; by going to media and by repeatedly highlighting allegations against the outgoing politicians without filing challan against them; intended to create a narrative in favour of one political party and against the

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other party during the election process; has duly been established as per the record. Public pressure to get the alleged erring police officials convicted also appears to have adversely affected the fairness of the investigation. As a result the fairness of investigation stands vitiated. The investigation conducted by the respondent No.3 also suffers from malice, irrationality and absurdity. Hence, this court is of the considered opinion that this is one of the rare cases where the court is under duty to step-in to prevent miscarriage of justice, instill confidence in the investigation and also to pre-empt the misuse of the process of the court; by quashing the investigation and the consequent report under section 173 Cr.P.C. filed in these two cases, while leaving state to fairly investigate these two cases again.

In view of the above, the investigation conducted by the respondent No. 3 in FIR No. 129 dated 7.8.2018 and FIR No. 192 dated 14.10.2015, both of Police Station City Kotkapura and the consequent charge-sheet filed by him, are liable to be quashed. Ordered accordingly))."

[35]. While quashing the investigation of the aforesaid

FIRs registered in Police Station City Kotkapura, Coordinate

Bench vide order dated 09.04.2021 ordered that the

investigation of the aforesaid cases be conducted by a

Special Investigation Team of senior police officers with the

following directions:-

(i) The State Government shall constitute a Special Investigation Team (SIT) of three senior IPS officers

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from the State of Punjab, which shall not include the respondent No.3, and which shall include at least one officer senior to the respondent No.3 in rank and designation, to conduct the investigation in the FIR involved in the present petitions, i.e.; FIR No. 192 dated 14.10.2015 and FIR No. 129 dated 07.08.2018;

(ii) There shall be no interference from any quarter; internal or external; with this SIT qua the investigation. This SIT shall not report to any State executive or police authority qua the investigation in question. It shall report only to the concerned Magistrate, in accordance with law;

(iii) The SIT so constituted by the State Government shall work jointly. All the members of the SIT shall put their signatures on all the proceedings of the investigation as a mark of the fact that they have agreed to the said investigation;

(iv) Once constituted, that SIT shall not be changed by the State Government except in case of retirement, incapacity or death of the officer concerned;

(v) The final report of investigation shall be filed jointly as a team; under signatures of all the members of the SIT, who shall also be cited as witnesses in the list as the investigating officers;

(vi) The members of SIT shall not leak any part of the investigation, before filing the final report before the concerned magistrate. They shall not interact with media qua any aspect of investigation. Further, they shall not respond, directly or indirectly, to any doubt or opinion expressed by anyone from the public or the religious or the political establishments;

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(vii) The investigation of these FIRs shall be concluded as expeditiously as possible, preferably within a period of six months from the date of the constitution of SIT.

[36]. Evidently, new SIT was directed to conclude the

investigation expeditiously preferably within a period of six

months from the date of constitution of Special Investigation

Team.

[37]. In compliance of order dated 09.04.2021 passed in

CWP No.17459 of 2019, a new Special Investigation Team

under the Chairmanship of Mr. L.K. Yadav, IPS, ADGP was

constituted to investigate aforesaid FIR Nos.192 and 129 of

Police Station City Kotkapura.

[38]. In view of aforesaid judgment/order dated

09.04.2021 and voluntary retirement of Mr. Kunwar Vijay

Partap Singh, IPS, the then IGP/main investigating officer of

the present FIR, a new Special Investigation Team consisting

of Mr. Naunihar Singh, IPS, Inspector General of Police as

Chairman, Mr. Satinder Singh, IPS, the then Senior

Superintendent of Police as Member and Mr. Swarndeep

Singh, PPS, Senior Superintendent of Police as Member has

been constituted to investigate FIRs No.129 and 130 of Police

Station Bajakhana.

[39]. In view of status report filed by way of affidavit of

Mr. Naunihal Singh, IPS, Inspector General of Police-cum-

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Chairman of the newly constituted SIT, it has been submitted

that Special Investigation Team headed by Mr. Naunihal

Singh, IPS, Inspector General of Police has called for the

complete record of investigation as well as pending litigation

so that further investigation can be carried out. All the

aforesaid reports under Section 173 Cr.P.C along with

material on record have been perused so as to conduct

further investigation. Status report further shows that Special

Investigation Team has perused the record regarding the

investigation qua Gurdeep Singh and the investigation qua

him has been completed and report under Section 173(8)

Cr.P.C would be submitted after decision of CWP No.14076 of

2020 as presentation of challan was stayed in the aforesaid

case vide order dated 25.09.2020.

[40]. Special Investigation Team has further submitted

that there are interconnecting facts, which are between the

occurrence of Kotkapura being investigated by SIT headed by

Mr. L.K. Yadav, IPS, ADGP and the occurrence which

subsequently took place at Behbal Kalan/Bajakhana, which is

the subject matter of further investigation of the present SIT

headed by Mr. Naunihal Singh, IPS, Inspector General of

Police. The present SIT is facing problem in further

investigation of the FIR No.130 in the absence of access to

the investigation in Kotkapura cases, which is being

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investigated by SIT headed by Mr. L.K. Yadav, IPS, ADGP in

terms of directions issued by the High Court in CWP

No.17459 of 2019.

[41]. Contents of para No.18 of the Status report dated

19.05.2020 are reproduced hereasunder:-

"A. It is a matter of record that the agitation(s) against the sacrilege of Sh. Guru Granth Sahib were held at Kotkapura and Behbal Kalan. There the conflict between the police and protestors took place at Kotkapura on 14.10.2015, in the early morning, where many individuals were injured and thereafter the occurrence at Behbal Kalan/Bajakhana also took place on the same day i.e. 14.10.2015 after the occurrence of Kotkapura.

        B.    Infact, many of the police officials/personnel/force
        who      were       present           at   Kotkapura,       were       moved

immediately to Behbal Kalan/Bajakhana to deal with the law and order situation, where the conflict between the police and protestor took place leading to death of two individuals. That thereafter some of the police officials/personnel again came back to Kotkapura from Behbal Kalan/Bajakhana.

C. Further during the perusal of the record of the FIR No.130(supra) and judgment dated 09.04.2021 passed by this Hon'ble Court in CWP-17459-2019 (Gurdeep Singh's Judgment), it has been found by the present SIT, that there are interconnecting facts, which are there between the occurrence that took place at Kotkapura (now being investigated by Chairman of that SIT Sh. L.K.

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Yadav, IPS, ADGP) and the occurrence that subsequently took place at Behbal Kalan/Bajakhana.

D. Infact, there are certain issues like the presence of Mr. Param Raj Singh Umaranangal, presence of Gurdeep Singh and other police officials etc., at the place of occurrences i.e. Kotkapura/Behbal Kalan, which are to be established by the present SIT as both occurrence are interconnected. Similarly, there are certain other material evidence(s) which are interconnected with regard to both the occurrences at Kotkapura and Bajakhana, and these facts need to be cross checked with the investigation of the Kotkapura cases. However, since this Hon'ble Court has specifically directed in the judgment dated 09.04.2021 as under:-

"The members of SIT shall not leak any part of the investigation, before filing the final report before the concerned magistrate. They shall not interact with media qua any aspect of investigation. Further, they shall not respond, directly or indirectly, to any doubt or opinion expressed by anyone from the public or the religious or the political establishments".

The present SIT has been facing problems in further investigation of the FIR No.130 (supra) in absence of access to the investigation in the Kotkapura cases which are being investigated by the SIT headed by Sh. L.K. Yadav, IPS, ADGP."

[42]. In view of aforesaid factual position on record,

further investigation in the present case is still pending, which

is dependent upon the access to be made to the material

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collected by the SIT headed by Mr. L.K. Yadav, IPS, ADGP in

Kotkapura cases. SIT of Mr. L.K. Yadav, IPS, ADGP is bound

to obey the directions passed by the High Court in CWP

No.17459 of 2019 and it appears that further investigation in

the present case may take some time and a report thereof,

can only be filed after proper investigation. In CWP No.17459

of 2019, directions have already been issued to the SIT to

complete the investigation, preferably within a period of six

months from the date of constitution of new Special

Investigation Team. A new Special Investigation Team

comprising of Mr. L.K. Yadav, IPS, ADGP/Vigilance Bureau,

Mr. Rakesh Agrawal, IPS, Commissioner of Police, Ludhiana

and Mr. Surjit Singh, IPS, DIG, Faridkot Range has been

constituted vide Government order dated 07.05.2021. Special

Investigation Team in the present case comprising of Mr.

Naunihal Singh, IPS, IGP, Ludhiana Range, Mr. Satinder

Singh, IPS, SSP, SAS Nagar and Mr. Swarandeep Singh,

PPS, SSP, Faridkot has been constituted vide order dated

15.05.2021 passed by the Director Bureau of Investigation,

Punjab for investigation of two cases bearing FIR No.129

dated 14.10.2018 and FIR No.130 dated 21.10.2015

registered at Police Station Bajakhana, District Faridkot.

[43]. In CWP No.14076 of 2020, learned Senior Counsel

for the petitioner submitted that respondent No.3 conducted

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reinvestigation with change of structure without leave of the

Court. The first challan was submitted without Mr. Kunwar

Vijay Partap, IG, Crime being a member of the SIT. Since

challans have been submitted by Kunwar Vijay Partap, IG,

Crime, the investigation of whom being intrinsically

overlapping stands quashed by the High Court in CWP

No.17459 of 2019, therefore, Investigating Team be directed

to keep the first challan intact. Learned Senior Counsel relies

upon Babu Bhai Vs. State of Gujarat, (2010) 12 SCC 254.

[44]. In CWP No.14076 of 2020, filing of report under

Section 173(8) Cr.P.C has been stayed by the High Court. As

per stand of the State, investigations in FIRs at Kotkapura and

Bajakhana are interconnected. The further investigation in the

FIR at Bajakhana can only be made, provided investigation in

Kotkapura cases is made available to the SIT headed by Mr.

Naunihal Singh, IPS, IGP. Special Investigation Team headed

by Mr. L.K. Yadav, IPS, ADGP in Kotkapura cases is

investigating the cases as per directions of the High Court and

that report is not to be made public and has to be submitted to

the concerned Court as per directions thereof.

[45]. In the light of aforesaid facts, further investigation

in the present case may take some time. Investigation in

Kotkapura cases was ordered to be conducted preferably

within a period of six months from the date of constitution of

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SIT. It is pertinent to mention here that the cases are fixed

before the trial Court at the stage of framing of the charges

and other miscellaneous proceedings. It appears that the trial

Court has not proceeded further for want of report of further

investigation.

[46]. It is a settled principle of law that the charges can

be framed even on strong suspicion. No meticulous

examination of prosecution or defence material is permissible

so as to assess gravity or otherwise of the allegations. The

complicity of the petitioners would be tested before the trial

Court, for which, the petitioners/accused would be at liberty to

argue their respective cases at the stage of framing of

charges and seek discharge in accordance with law. It is also

a settled position of law that charge can be altered at any

stage.

[47]. Since investigation is both the cases i.e. Kotkapura

and Behbal Kalan are intrinsically mixed up and the present

Special Investigation Team headed by Mr. Naunihal Singh,

IPS, IGP is feeling handicapped in the absence of material

collected by the Special Investigation Team of Kotkapura,

therefore, it is desired that Special Investigation Team headed

by Mr. L.K. Yadav shall conduct the investigation as per

directions issued by the High Court in CWP No.17459 of 2019

and submit report of investigation to the competent Court at

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the earliest. Special Investigation Team headed by Naunihal

Singh, IPS, IGP shall proceed to conduct further investigation

in accordance with law and shall submit report under Section

173 Cr.P.C before the trial Court, whereupon the petitioners

would be at liberty to address arguments at the time of

framing of charges and seek appropriate order in accordance

with law.

[48]. I have no doubt in my mind that all the legal

arguments can be raised before the competent Court at the

relevant stage and the trial Court shall deal with the

contentions of the accused in accordance with law. The plea

of innocence by Suhail Singh Brar in the facts and

circumstances of the case, shall also be dealt with by the trial

Court in accordance with law. The facts of the case of

Sumedh Singh Saini, the then DGP are at par with that of

Param Raj Singh Umaranangal as he was also implicated in

the third supplementary challan after recording statement of

approver Inspector Pardeep Singh and General Diary No.16

dated 27.09.2020.

[49]. At this stage, all these cases are disposed of

without meaning anything on merits of the case(s), thereby

giving liberty to the petitioners to address arguments at the

time of framing of charges. The prosecution in turn, shall

submit report of further investigation to the trial Court at the

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earliest as it appears that in Kokapura cases, report has been

prepared. The trial Court shall proceed to take all these cases

simultaneously on the same day and decide the same in

accordance with law. Petitioners if aggrieved thereafter, may

resort to their legal remedies.

[50]. Nothing expressed hereinabove, would be

construed to be an opinion on merits of the case.

                                              (RAJ MOHAN SINGH)
                                                  JUDGE
04.07.2022
Prince

Whether reasoned/speaking                                    Yes/No
Whether reportable                                           Yes/No




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