Assault on Colonel: HC seeks explanation from govt on delay in lodging case

The High Court on Tuesday sought an explanation from the Punjab Government over the delay in registering an FIR after Colonel Pushpinder Singh Bath alleged brutal assault by Punjab Police officers.

Justice Sandeep Moudgil asked the state to file an affidavit detailing reasons for the delay despite medico-legal reports and the petitioner’s detailed statement being on record.

“This court would not shy of taking note here that such lapses, if substantiated, do erase the faith of citizens in the law enforcing agency and the governance of state entrusted with maintaining law and order,” Justice Moudgil observed.

The Bench said the affidavit would specifically include an explanation for the delay in registering the FIR despite medico-legal reports and a comprehensive text message sent by the petitioner to Patiala Senior Superintendent of Police Nanak Singh on March 14.

Expresses concern over procedural fairness

Justice Moudgil also issued a notice of motion to the state and the CBI, while expressing “deep concern regarding procedural fairness and preservation of material evidence.” The Bench asserted that the non-preservation of CCTV footage from the scene, failure to register the FIR immediately, and ignoring more than 20 distress calls made by the petitioner or his wife raised serious questions.

Justice Moudgil asserted it was imperative that all investigations, especially those involving incidental accountability and alleged misconduct, strictly adhered to established legal standards and principles. These, prima facie, were found missing in the case, “wherein a senior army official is meted out with a treatment at the hands of State police in a manner which calls for exhaustive deliberation”.

The Bench added, “Such an act on the part of force of any state government cannot be accepted by this court. The court was also shown a video clip by the petitioner’s counsel to demonstrate that the occurrence and overt act with criminal force stood admitted by the accused police officers, “who were apologetic while making a video call to the wife of the petitioner and seeking compromise/settlement in the matter”.