IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M No.15946 of 2018
Date of decision: 7th January, 2019
Sohan Singh others
… Petitioners
Versus
State of Punjab others
… Respondents
CORAM: HON’BLE MR. JUSTICE FATEH DEEP SINGH
Present: Mr. Preetinder S. Ahluwalia, Advocate for the petitioners.
Mr. Saurav Khurana, Dy. Advocate General, Punjab with
ASI Dilbagh Singh, PS Sadar, Patti
for respondents No.1 to 3/State.
Mr. Gaurav Kalsi, Advocate for respondents No.4 and 5.
FATEH DEEP SINGH, J.
The petitioners, namely Sohan Singh, Bachhittar Singh,
Gurvinder Singh, Jugraj Singh alias Joga and Ninder Singh, who are
accused in case bearing FIR No.50 dated 23.03.2018 under Section 376
IPC and Section 10(3) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 pertaining to Police Station Patti,
District Tarn Taran (Annexure P3), have invoked jurisdiction of this
Court under Section 482 Cr.P.C. seeking transfer of investigations to an
agency of repute or to a special investigating team as the official
respondents are carrying on investigations contrary to the principles of
natural justice falsely fabricating evidence and are working under the
political influence for attaining a sinister design of political vendetta.
1 of 5
20-01-2019 01:24:06 :::
CRM-M No.15946 of 2018 2
The petitioners in their petition claim that father of petitioner
No.1 and grandfather of petitioners No.2 and 3, namely Kashmir Singh
happened to be the Sarpanch of village Rasulpur, District Tarn Taran
from the year 2008 to 2014 and thereafter mother of petitioner No.3
namely Dalbir Kaur was elected as Sarpanch. It is alleged that the
petitioners are staunch supporters of Shiromani Akali Dal (Badal) and on
account of their influence in the area, have been continuing to be the
Sarpanch of their village for the last more than eight years. It is alleged
that the local sitting MLA happens to be from the opposition party of
Congress and on account of political victimization had got false case
registered against the petitioners which is annexed as Annexure P/1. It is
alleged that a bare perusal of the FIR shows the abundant misuse of the
process of the Law and the futile effort in false implication of the entire
family of the petitioners for a motivated cause and thus, sought that the
alleged allegations need to be investigated by an agency of repute.
The official respondents in their reply which has been
adopted even by the private respondents, though took the preliminary
objections that the petition was an outcome of misrepresentation of the
facts and denied any such representation earlier made by the petitioners
side apprehending their false implication and claimed that the police had
acted in a fair and impartial manner on the allegations of the complainant.
On merits though accepted the inter-se relationship of the petitioners and
the fact that they are owing allegiance to Akali Dal (Badal) party but
denied the allegations so levelled against the respondents and claimed
2 of 5
20-01-2019 01:24:07 :::
CRM-M No.15946 of 2018 3
that the FIR so claimed by the petitioners to have been falsely registered
was based on truth and there were genuine allegations and sought
dismissal of the petition.
Upon hearing Mr. Preetinder Singh Ahluwalia, Advocate for
the petitioners; Mr. Saurav Khurana, Dy. Advocate General, Punjab
assisted by ASI Dilbagh Singh from Police Station Sadar, Patti on behalf
of respondents No.1 to 3/State and Mr. Gaurav Kalsi, Advocate
representing respondents No.4 and 5, and on perusal of the records. As is
there and is so apparent from the stand of the respondents in their written
reply, the inter-se relationship of the petitioners is not at all put to
dispute, together with the fact that the petitioners belong to political party
of Shiromani Akali Dal (Badal) and the fact that they were retaining the
seat of Sarpanch of the village for the last eight years. As has been
highlighted by learned counsel for the petitioners, the present case by
way of FIR (Annexure P3) has come about from the statement of one
Paramjit Kaur wife of Malkiat Singh resident of Nurdi Adda, Tarn Taran.
The very arguments that have been put forth by learned counsel for the
petitioners that in the said FIR (Annexure P3) which is subject matter of
present dispute between the parties, the complainant claims that she was
going to meet her massi Sukhwinder Kaur when on the way accused had
ravaged her. The claim of the petitioners that alleged massi Sukhwinder
Kaur is none other than the wife of Manjit Singh who happens to be
complainant in FIR (Annexure P1) which is also against the present
petitioners and the former also happens to be an eye-witness of the said
3 of 5
20-01-2019 01:24:07 :::
CRM-M No.15946 of 2018 4
FIR. Furthermore, undisputedly representations (Annexure P4) were
addressed to higher officials by the petitioner side on 09.01.2018,
showing their apprehension of being involved in false criminal cases and
which is also substantiated from Annexure P6.
Though the Court is not supposed to critically examine the
case of the complainant, however, for the sake of convenience on the
attention drawn by learned counsel for the petitioners to the MLR of the
victim in FIR (Annexure P3) that there are allegations of gang rape and
physical abuse of the victim at the hands of the petitioners but a close at
the MLR (Annexure P7) would show that nothing is even remotely
suggestive of the victim having ever been ravaged and rather what is
most astonishing is the observation that there is no sign of injury or
struggle present much less any sign of being ravaged as claimed in the
allegations of the FIR. The victim claims that she was stopped and
forcibly thrown into the car and was thereafter taken to a tubewell room
where her clothes were forcibly removed and all the accused petitioners,
who she claims to be numbering five of different age groups ranging
between 19 to 60, have raped her one by one and where she was kept
throughout the night. To the specific query of the Court as to any
corroborative medical or other evidence to these allegations of gang rape
and physical abuse, learned counsel for the respondents was clearly at
loss of words. What one can deduce from the contentions of the two
sides, there is clearly a history of political rivalry which has led to
repeated registration of FIRs against family of the petitioners.
4 of 5
20-01-2019 01:24:07 :::
CRM-M No.15946 of 2018 5
Thus, from all this discussion, it is quite apparent that all is
not well with the investigations and there is a strong element of suspicion
lurking before the Court that there is an all out effort to stifle due process
of law for a politically motivated cause to attain a sinister design and
thus, extinguish all the likely political opposition to the sitting MLA of
the area and thus, apparently from the face of all these, it bears out that
there is every likelihood that administration and dispensation of justice
might be a casualty at the hands of the official respondents. It would be in
the interest of justice and fitness of things if investigation of the present
FIR (Annexure P3) is transferred from police of District Tarn Taran and
entrusted to the State Crime Bureau, Punjab at Chandigarh with further
directions to ensure that a senior IPS officer heads the special team to
investigate into these allegations and which will constitute members
having good track record and ensure that they carry on the investigation
efficiently, impartially and without any undue influence, so that justice is
meted out to both the sides with all fairness. With these observations, the
present petition stands allowed and disposed off accordingly.
(FATEH DEEP SINGH)
JUDGE
January 7, 2019
rps
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
5 of 5
20-01-2019 01:24:07 :::