Anticipatory Bail To Retd. DGP Cancelled Upon Addition Of Murder Charge To FIR In 1991 Custodial Death Case [Read Order]

An Additional Sessions Judge, Mohali on Tuesday rejected the plea for anticipatory bail by former state DGP S. S. Saini in connection with a 1991 custodial death case, in the wake of the recent addition of section 302 IPC in the FIR against him. On May 11, an equivalent court had granted anticipatory bail to Saini in the initial FIR, prior to the addition of the murder charge. ASG Rajnish Garg appreciated that it is the admitted case of both the parties that initially the aforesaid FIR was registered against the applicant-accused under sections 364 (kidnapping/ abducting in order to murder), 201 (disappearance of evidence, false infomation), 344 (wrongful confinement), 330 (voluntarily causing hurt to extort confession etc), 219 ( making of report by public servant which he knows to be contrary to law) and 120 B, IPC and the applicant accused was granted anticipatory bail in the aforesaid offences. Noting that the present bail application has been filed for grant of anticipatory bail as offence under section 302IPC has been added to the list of offences, the court deemed it necessary to look into the evidence collected by the investigating agency after grant of anticipatory bail on May 11 and on the basis of which the offence under section 302 has been added. The judge observed that the police record shows that after grant of anticipatory bail to the applicant, police got recorded 2 statements under sections 164 CRPC, both stating that on the intervening night of 13th/14th December 1991, the deceased was tortured in the police Station of sector 17, Chandigarh. He was crying out of pain due to the torture given to him and blood was oozing out from his injuries. It is further stated that the deceased was tortured by the applicant-accused himself and other police officials under his instructions. Two of the accused, namely ASI Kuldeep Singh and ASI Jagir Singh, have became approvers and their statements were also recorded under section 164. It was stated by ASI Kuldeep Singh that the deceased was picked up from his house and a FIR was registered against the deceased under the instructions of the applicant-accused. ASI Jagir Singh, who had gone to the concerned police station in connection with some work, had found the deceased being tortured by the applicant-accused and his police team. Both of them stated that 2/3 days after 13 December, 1991, they came to know that the deceased had died due to the injury suffered by him and they were asked by the applicant-accused to go to the Qadian police stations to cover up the matter and to show that the deceased had escaped from police custody. The judge further noted that the Agency has also recorded statements of at least 44 police officials who were posted at police station Qadian when the deceased allegedly escaped from police custody. After seeing the photograph of the deceased on the police file, all of them stated that he was not the same person who was brought to the police station Qadian by the Chandigarh police. Thereby, it was not the deceased who had escaped from police custody. "Therefore, the investigating agency has collected sufficient evidence to establish prima facie involvement of the applicant accused in the abduction and murder of the deceased. Without doubt, veracity of the said witnesses and genuineness of statements made by them shall be determined during trial under cross-examination, but at this stage there is prima facie evidence against the accused which is to be considered while deciding bail application", concluded the judge. The judge noted that after the deceased was unlawfully abducted and killed in custody by the accused, thereafter, his late father, an IAS officer, ran from pillar to post to seek justice but no action could be taken due to the influence and power of the accused. Ultimately, in the end of 2015, one ex-police official meet the disclosure about inhuman torture given to the present complainant's brother and elimination of various persons by the accused and his team. His disclosure was published in the national magazine 'Outlook' in December 2015. From there, they came to know about the illegal activities conducted by the police under the instructions of the accused and the inhuman torture given to the deceased. They were believing that some action would be taken by the government machinery after the said closure but no action was taken due to the influence of the accused. Now after the retirement of the accused, they have resumed courage to file the present complaint after obtaining more details. With these allegations the FIR was registered against the accused under sections 364, 201, 344, 330, 219 and 120 B of the IPC. An application for anticipatory bail in connection with the aforesaid offences was allowed by another additional sessions judge on May 11. The further investigation was conducted by the police and two of the accused namely ASI Jagir Singh and ASI Kuldeep Singh turned approvers and gave ...

Anticipatory Bail To Retd. DGP Cancelled Upon Addition Of Murder Charge To FIR In 1991 Custodial Death Case [Read Order]

Mehal Jain

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