P&H High Court Hands Over Colonel Assault Case To CBI, Says SIT "Creating Loopholes" To Protect Accused Punjab Police Officers

The Punjab and Haryana High Court has ordered the Central Bureau of Investigation to take over the probe into a Colonel's assault allegations against the Punjab Police.This comes after the Court noted that the Special Investigation Team (SIT) entrusted to probe the case is "creating loopholes to give benefit of doubt to accused Police Officers".Colonel Pushpinder Singh Bath, who was posted at the Army headquarters in New Delhi, alleged that on the night of March 13, four Inspector-rank officers of Punjab Police and their armed subordinates attacked him and his son without any provocation in Punjab.Justice Rajesh Bhardwaj expressing dissatisfaction with the investigation conducted by the SIT, directed to transfer the case to CBI."From the overwhelming circumstances of the case, the Court is convinced that the Investigating Agency is not only trying to create loopholes in the investigation, but trying to make craters in the investigation so as to ensure that once the charge-sheet is filed before the Court, the case of the prosecution should hardly be able to crawl in the Court," it observed. The Court added that the purpose of the investigation is to bring out the truth and not to suppress the same. "The success of the Investigating Agency is in collecting the best of the evidence and present the same before the Court and not to fabricate the evidence and submit the hopeless charge-sheet before the Court so as to ensure that the Court is left with no other option then to grant the benefit of doubt to the accused."In April, the High Court had directed the Chandigarh Police to investigate the case and complete the probe within four months.The Court, while hearing the previous pleas, had pulled up the Punjab Government for delay in arresting the Punjab Police personnel allegedly involved in the assault.Later, the Court ordered that the investigation be led by an IPS officer from the AGMUT cadre, ensuring no officer from the Punjab cadre is involved.Recently, the High Court, calling it a “horrific, gut-wrenching incident”, rejected the pre-arrest bail of Punjab Police personnel accused in the case.During the hearing, the petitioner's counsel stated that despite the dismissal of the accused's anticipatory bail petition on May 23rd, no effort had been made to arrest the accused or progress the investigation. The counsel alleged that the UT police seemed to be protecting the accused, who are police officials, and that senior police officials might be involved.Questioning the intention of the SIT, the Court also noted that the SIT during the investigation removed Section 307 IPC charge on the basis of the doctor's opinion.Preetinder Singh Ahluwalia appeared for the petitioner.Manish Bansal, PP appeared for the UT.Title: Colonel Pushpendra Bath v UT Chandigarh & Ors. Click here to read/download the order

P&H High Court Hands Over Colonel Assault Case To CBI, Says SIT "Creating Loopholes" To Protect Accused Punjab Police Officers

Aiman J. Chishti

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P&H High Court Hands Over Colonel Assault Case To CBI, Says SIT "Creating Loopholes" To Protect Accused Punjab Police Officers

Aiman J. Chishti

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