HC issues notice on plea for CBI probe
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Take your experience further with Premium access. Thought-provoking Opinions, Expert Analysis, In-depth Insights and other Member Only BenefitsThe widow of Mahinder Pal, alias Bittu — allegedly tortured to extract a judicial confession in sacrilege cases and subsequently murdered in a jail under an alleged conspiracy after retracting his confession — has approached the Punjab and Haryana High Court. She has sought directions for transferring the investigation in the case, along with all related records, to the CBI or another independent agency.
Taking up the plea, Justice Karamjit Singh of the high court issued notices to the state and the CBI while fixing the matter for further hearing on February 6.
The petitioner, through senior advocates RS Rai and Chetan Mittal, alleged that her husband was abducted by the Punjab Police from Palampur on June 7, 2018, and falsely implicated in another FIR after alleged torture to justify his arrest.
He was allegedly tortured to extract an illegal confession in sacrilege cases at the behest of the then in-charge of an SIT probing two sacrilege cases. The petitioner cited a diary note left by the deceased, purportedly in the form of a dying declaration, detailing incidents of alleged torture. Portions of the note have been reproduced in the writ petition.
The petitioner claimed the absence of significant progress despite a high court order issued on August 18, 2022, appointing an SIT headed by an officer not below ADGP’s rank. The SIT allegedly took no action despite nearly three years and 22 adjournments before the trial court.
The petitioner also annexed all interim orders in an attempt to show that the court below had deprecated the delay by the SIT. Even a sealed CFSL report concerning handwriting on the diary note was produced. But investigation was not undertaken, as it allegedly involved senior police officials and politicians.