Chandigarh: The Punjab and Haryana High Court, on Wednesday, transferred the investigation into the assault on Colonel Pushpinder Singh Bath and his son in Patiala on March 13 to the Central Bureau of Investigation (CBI).
Justice Rajesh Bhardwaj also came down hard on the Chandigarh Police for its failure to conduct a fair and impartial investigation in the matter. This came after the Court was informed that all five accused, four of them police inspectors, are absconding and no non-bailable warrants have been issued against them.
On Monday, Justice Bhardwaj had pulled up the Chandigarh Police for failing to arrest any of the accused Punjab Police personnel involved in the assault, despite anticipatory bail having been denied nearly two months ago.
On Wednesday, SP Manjeet Sheoran was present in the court but was unable to convince the judge that his team was carrying out a fair probe in the matter.
Justice Bhardwaj termed the delay “intentional,” and noted that the police’s conduct amounted to shielding the accused and was “setting the wrong example”.
P S Ahluwalia, representing the Army officer, accused the authorities of “orchestrating the investigation to dismantle the case” and “betraying the court’s trust” by walking back on their previous stand.
“The accused are all serving officers of Punjab Police. This court had transferred the case to the UT precisely because there was no confidence in a fair probe by Punjab Police. But what is happening now is no different. The same influence is operating,” he submitted.
At the heart of the hearing was the removal of Section 307 (attempt to murder) of the Indian Penal Code (IPC) from the case, a section that had initially been invoked by the police and cited by the state itself to oppose anticipatory bail.
“My Lords, it’s on record – the State had earlier argued that custodial interrogation was necessary to ensure a fair probe and protect witnesses. They relied on Section 307 to oppose bail. And now, they are withdrawing it without explanation,” Ahluwalia submitted.
“The petitioner, being a serving Inspector in Punjab Police, holds continued influence and has shown a propensity to misuse his position. If granted bail, there is a real risk of tampering with evidence and intimidating witnesses,” the lawyer quoted from the affidavit filed by the State to oppose pre-arrest bail.
“Today, that same State is arguing the opposite. What changed? The facts haven’t changed. The injuries are the same – two fractures on the colonel, a broken nose on his son. Eight injuries in total on the colonel, five on the son, all confirmed in medical records,” he added.
The bench also questioned the pace of the investigation. “You were given four months – not to sit idle. If it could be completed in one month, it should have been,” the judge remarked, after the UT counsel said the final report would be filed by August 3.
The court was informed that five Punjab Police inspectors have been named as accused – Inspectors Ronnie Singh, Harjinder Singh Dhillon, Happy Boparai, Rajvir Singh, and Constable Jai Singh. Ronnie Singh’s anticipatory bail was dismissed on May 23. Yet, none have been arrested, and no non-bailable warrants have been issued.
The bench underlined that the duty of the police is not to protect the accused. “If the accused are not cooperating, NBWs must be issued. Investigation must be bold, impartial, and without fear,” the judge said.
The court also took note of its April 3 transfer order, which had directed that an IPS officer posted in Chandigarh lead the probe, based on the Punjab director general of police’s consent.
As the hearing concluded, the bench remarked that the investigation had not met the court’s expectations post-transfer. “Once this court entrusted the probe to an IPS officer, the expectation was that a fair investigation would follow. That has not happened,” the bench said.
Col Bath and his son were having dinner near their car outside a dhaba on the evening of March 13 when they were brutally assaulted by the policemen over a dispute regarding parking. The policemen did not relent even after being told that Bath was a senior Army officer.
