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Attack on Joshi’s kin

Case being subverted to give it quiet burial

CHANDIGARH: Less than four months after BJP-Akali ties in Punjab received a direct hit following an attack on minister Anil Joshi’s brother, the Punjab and Haryana High Court has asserted that the investigation in the case was apparently being subverted to give a quiet burial to the entire incident “looking at the personalities involved”.



Saurabh Malik

Tribune News Service

Chandigarh, May 28

Less than four months after BJP-Akali ties in Punjab received a direct hit following an attack on minister Anil Joshi’s brother, the Punjab and Haryana High Court has asserted that the investigation in the case was apparently being subverted to give a quiet burial to the entire incident “looking at the personalities involved”.

Local Bodies’ minister and BJP leader Anil Joshi Joshi had then “blamed” the Akalis for the alleged attack in Tarn Taran. Subsequently, both the BJP and SAD had contested the municipal council elections independently in all 23 wards of Tarn Taran.

The stern observations by Justice Mahesh Grover came after a deputy superintendent of police deleted the attempt-to-murder offence registered against the accused under Section 307 of the IPC, despite the constitution of a special investigation team.

The alleged incident had taken place on February 10 and the SIT was constituted the next day. The offence was deleted within two days of the alleged occurrence, though the DSP by that time was divested of the power or authority to do so.

“It is clearly a case where the investigating agency through its actions, omissions and inactions manoeuvred the investigation to bend it favourably towards the accused persons.

“The incident is said to have taken place in broad daylight outside the premises of Sub-Division, Tarn Taran, involving local political personalities. In this incident, firearms are said to have been used freely.

“This only strengthens the impression of the court that the investigation is being subverted in order to give a quiet burial to the incident looking at the personalities involved,” Justice Grover asserted.

Justice Grover said that DSP Sukhwinder Singh’s action clearly indicated an unauthorised use of power. After the constitution of the SIT, he was divested of the power or authority to tinker with not just the array of offences, but also the investigation as a whole.

“Evidently, such an act on the part of DSP Sukhwinder Singh would indicate inferentially an act either for extraneous consideration or ulterior motive to help the accused”.

Justice Grover added subsequent developments strengthened the inference. On February 18, Additional Public Prosecutor made a statement before a court that Sections 307 and 382 IPC had been deleted for the time being.

It persuaded the court to enlarge the accused on pre-arrest bail as an interim measure. The SIT, thereafter, reintroduced Section 307. “In the meantime, an undue benefit had already crystallised in favour of the accused”.

Justice Grover said the probe was yet to conclude despite lapse of more than three months. “The reply filed by the State indicates that a show-cause notice has been issued to DSP Sukhwinder Singh. Let complete follow-up action against the DSP concerned be reported to the court after the completion of inquiry within 15 days”.

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