28 Nov 2017 9:22 AM GMT
The Punjab and Haryana High Court, on Monday, dismissed a Petition seeking a probe by the Central Bureau of Investigation (CBI) into the brutal lynching 16-year-old boy, Junaid Khan, in June this year."During the course of hearing, complainant has not been able to show that there are serious flaws in the investigation which would lead to the conclusion that same is shoddy or tainted....
The Punjab and Haryana High Court, on Monday, dismissed a Petition seeking a probe by the Central Bureau of Investigation (CBI) into the brutal lynching 16-year-old boy, Junaid Khan, in June this year.
"During the course of hearing, complainant has not been able to show that there are serious flaws in the investigation which would lead to the conclusion that same is shoddy or tainted. Besides, there is nothing to show that the incident has any national or international ramifications. It is, thus, not a fit case to exercise extra ordinary power to hand-over the investigation to CBI," Justice Rajan Gupta observed.
The plea, filed by Junaid Khan's father, Jalaluddin, had alleged that the investigating agency had failed to charge the accused under Sections 153A (promoting enmity on the basis of religion etc.), 153B (imputations, assertions prejudicial to national integration), 120B (criminal conspiracy) and 149 (unlawful assembly) of the Indian Penal Code. Besides, he had also alleged flaws in the investigating procedures adopted by the State Police.
The plea was opposed by the State, asserting that the investigation has so far been carried out fairly and impartially. It had further alleged that the Petition was, in fact, instituted with the intention of prolonging the trial
Taking note of the contentions put forth by both sides, the Court agreed with the State, noting that the Trial Court is not delaying the matter and is proceeding with the trial promptly.
Emphasizing on its confidence in the way the Trial Court is conducting the trial, it then observed, "It is evident that allegations/counter-allegations have been leveled in the affidavits filed by the complainant’s side and the State. However, this court does not intend to express any opinion or delve deeper into the issue. Trial of the case is at crucial stage and important prosecution witnesses have to depose, some of whom may be injured and/or eye witnesses. It is, thus, necessary to ensure that trial proceeds in the right earnest and evidence is led promptly to ensure that it culminates. This court has no doubt that trial court would have enough expertise to swift the grain from the chaff and arrive at a fair conclusion."
The Court, thereafter, opined that allegations of subversion of trial against the present investigating machinery "lack substance" and dismissed the Petition.
Interestingly, Additional Sessions Judge Y.S. Rathore had, last month, accused Additional Advocate General for State, Mr. Naveen Kaushik, of assisting the defence counsel appearing for the accused persons in the case.
According to an interim order, the Court had noted that Mr. Kaushik was helping the defence counsel during the cross examination of prosecution witnesses and suggesting questions to be put to them. It had, thereafter, directed a letter to be written to Punjab and Haryana High Court, which was then expected to take up the matter with the State Government, office of Advocate General, and Bar Council of Punjab and Haryana for taking necessary action against Mr. Kaushik.