Colonel assault case: Supreme Court junks plea against transfer of probe to CBI

The Supreme Court on Monday deprecated the conduct of Punjab Police officers accused of assaulting a serving Army Colonel and his son over a parking dispute as it rejected police officers’ petition against the Punjab and Haryana High Court’s order for a CBI probe into the incident.

“Have respect for Army people. You are sleeping peacefully in your house because that man is serving at the border at minus 40 degrees... They go and defend you and they come back wrapped in the National Flag,” a Bench of Justice Sanjay Kumar and Justice Satish Chandra Sharma said, dismissing the police officers’ petition against the high court’s July 16 order for a CBI probe.

“When the war is going on, you glorify these Army officers...Your SSP says, I am not able to arrest them in spite of rejection of anticipatory bail (plea) because they are police officers...Eight-day delay in lodging FIR!” the Bench wondered.

“This kind of lawlessness is not acceptable. No legal arguments, nothing is there...Your bail was dismissed, they are roaming freely and they have not been arrested...Let the CBI look into this,” the top court said, describing the High Court’s order as “well-reasoned”.

The counsel for the police officers contended that the high court’s order indicted them even before the trial could commence.

The alleged incident took place on the intervening night of March 13 and 14 when Colonel Pushpinder Singh Bath and his son were having food at a roadside dhaba in Patiala. He alleged four Inspector-rank officers of the Punjab Police and their armed subordinates attacked him and his son without provocation, snatched his ID card and cell phone, and threatened him with a “fake encounter”—all in public view and under CCTV camera coverage.

On April 3, the high court had assigned the probe to Chandigarh Police and directed them to complete it in four months. However, on July 16 the high court transferred the probe to the CBI—two days after it reprimanded the Chandigarh Police over laxity in their probe into the matter.

Colonel Bath alleged that Chandigarh Police “failed” to ensure a free and fair investigation that was conducted by a special investigation team, led by Chandigarh Superintendent of Police.