Ajnala police station attack shook nation’s conscience, says HC; turns down multiple bail pleas
Justice Surya Partap Singh said the "show of strength" by mobsters leading to the violent act depicted that they considered themselves above the rule of law
Holding that the violent attack on the Ajnala police station shook the “conscience of the entire nation” and amounted to a direct challenge to the sovereignty and integrity of the State, the Punjab and Haryana High Court has turned down at least five bail pleas.
In one of the bail pleas filed by Gurmeet Singh Gill, alias Gurmeet Singh Bakkanwala, Justice Surya Partap Singh ruled that the case shocked the conscience of the entire nation. An unlawful mob – including the petitioner – under the influence of “one Amritpal Singh”, took the law into their own hands by attacking the police station with an ill-intention to get released one of their associates from police custody instead of taking legal recourse.
The Bench added that a careful perusal of record showed that the allegations against the petitioner were that he was a member of the mob armed with deadly weapons “which defied not only the directions issued by the public servants –– the police officers, but also threatened the authority of the State to the extent that it did not even shy away from inflicting injuries on the person of police officers performing duty at the spot”.
Justice Surya Partap Singh added the injuries inflicted by the mob were not only on junior-ranked officers, but also on senior police officers, and that the nature of injuries was grievous. The overall conduct of the mob, whose activities were otherwise duly recorded/video-graphed, led to the conclusion that it not only threatened the rule of law and authority of State. but also challenged the majesty of the sovereign country.
“Thus, the usual parameters which are adopted for the consideration of bail petition for a person accused of committing an offence cannot be made applicable to the present case by default. The rule of prudence prescribes that extraordinary measures are supposed to be taken in extraordinary condition and the situation so created by the mob was such that by any parameter it could not have been treated to be a normal/ordinary law and order issue.”
An FIR in the matter was registered at the Ajnala police station in Amritsar district on February 24, 2012, under provisions of the Arms Act and the IPC relating to attempt to murder and other offences. Justice Surya Partap Singh added the "show of strength" by mobsters leading to the violent act depicted that they considered themselves above the "Rule of Law”, and threw challenge to the sovereignty and integrity of the State.
The High Court also observed that the trial had already been expedited under its directions. The State informed the court that a large majority of the witnesses had already been examined and that the trial was proceeding on an almost day-to-day basis within a fixed timeline. In these circumstances, the Bench held that there was no violation of the petitioner’s fundamental right to a speedy trial.
“Considering the discussion, especially the surge in violent incidents, especially against the State functionaries, by mobs, which indeed pose threat, not only to social fabric of the society, but also to the law enforcement agencies, this Court finds no merit in the instant petition and is impelled to dismiss the same. Moreover, since the material placed before this Court, brings to full glare the antagonist state of affairs prevailing in the State of Punjab, this court cannot abdicate its constitutional role and turn a blind eye to the suffering of the common man. It will be a travesty of justice, if despite grave allegations, the petitioner is enlarged on bail,” Justice Surya Partap Singh observed.
