Simple criminal investigation made to worsen into dangerous concoction of religion, politics and police administration

Simple criminal investigation made to worsen into dangerous concoction of religion, politics and police administration

Saurabh Malik
Tribune News Service
Chandigarh, April 23

The Punjab and Haryana High Court has dominated {that a} easy crime probe within the Kotkapura firing case was made to worsen and translate itself to a mire the place each particular person involved discovered himself trapped, leading to a dangerous concoction of faith, politics and the police administration.

“What could have been simple investigation of a crime committed either by the protestors or by the police or by both, was made to fester and convert itself to a quagmire wherein every person concerned found himself entrapped. It resulted from dangerous mixing of religion, politics and the police administration. As such, the aggrieved — whether the police persons or the injured protestors must be finding themselves cheated and endlessly waiting for real justice,” Justice Rajbir Sehrawat dominated.

The Bench added the investigation performed by IPS officer Kunwar Vijay Partap Singh suffered from malice, irrationality and absurdity. As such, it was one of the uncommon circumstances the place the Court was underneath responsibility to step-in and quash the investigation and consequent report underneath part 173 CrPC filed within the two circumstances associated to the incident.

The Bench dominated Kunwar was an individual who indulged in misuse of his official place to additional his designs. He made try to over-awe the processes and the authority, indulged in theatrics and political maneuvering to draw mileage out of it.

He went to the peak of fantasy when he introduced movie actor Akshay Kumar into the image. Even the spiritual act of alleged pardon of Dera Sacha Sauda, Sirsa, was introduced into the image to strengthen his hypotheses of conspiracy towards Parkash Singh Badal and Sukhbir Singh Badal. But he couldn’t gather any materials. “This Court fails to understand how and why a purely religious issue, dealt with by top religious leaders of Sikhs, was brought into picture by him.”

The Bench asserted it was stunning that even after making effort to discover out and set up allegation of conspiracy towards the Badals, mentioning their names within the cost sheet and recording that their conspiracy was established, Kunwar didn’t array them as accused. He saved the current investigation a political horse to be flogged solely at an opportune time — at any time when the elections had been across the nook or when it in any other case suited him. “The only possible fact which prevents filing charge-sheet against these two leaders can be that there is no evidence against both of them”.

His conduct and methodology substantiated the allegations that he was appearing with an intention to additional a political agenda and was not finishing up a complete and neutral investigation.

The ruling

*Documents on document confirmed Kunwar had an inclination of misusing official place and authority. He accepted his conduct to bulldoze, deviate the method, and make an try to overawe the judicial course of.

*Enraged by a Chief Judicial Magistrate’s order granting solely a day’s remand, he unusually wrote a letter to Faridkot District and Sessions Judge on the ‘administrative side’ alleging shut household linkage of the officer with Parkash Singh Badal.

*He couldn’t have written any letter on ‘administrative side’. The mischief was solely to pressurize the Courts at Faridkot and to overawe the judicial course of. “The then District and Sessions Judge additionally owes a proof as to how he entertained a letter written on administrative facet on this facet.

*Kunwar doesn’t hesitate in utilizing his place and capability even for functions motivated politically. When parliamentary elections had been on, he named leaders of a celebration rival to political dispensation heading the present authorities. He knew such an interview would improve political prospects for one political celebration and harm that of one other.

*He acted underneath political patronage for a political function. The State authorities didn’t take away him from the investigation regardless of Election Commission orders.

*The political celebration heading the current authorities and its cupboard ministers wrote letters to the ECI for revoking the order. “This shows the close nexus between the politics, the respondent and the investigation being carried out by him”.

*There was nothing in challan or in any other case on document to present that the opposite SIT members ever authorised the challan earlier than it was filed or had ever approved him to file the identical on behalf of the SIT.


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