HC raps state over FIR delay in Army officer assault case

SIT head replaced

The Mann government on Friday replaced the head of the SIT in the Colonel assault case. ADGP AS Rai has been appointed in place of ADGP SPS Parmar, who was posted as Chief Director, Vigilance Bureau, on Thursday. TNS

The state government’s attempt to justify the delay in FIR registration in an Army officer assault case, citing farmers’ protests among other reasons, backfired in the Punjab and Haryana High Court. The Bench questioned the police about the number of FIRs registered across Patiala district during that period.

The state’s effort to establish the police’s credibility as a fair investigative agency by citing action taken against officers also failed to convince the court. The Bench asked the state to categorically explain whether the action taken so far was adequate. “You are not obliging anyone by suspending cops,” the Bench asserted.

In a detailed order, Justice Sandeep Moudgil also asked the state to file an affidavit specifying: “How many FIRs were registered in Patiala district during the period when the district police was on high alert on account of farmers’ protests at Khanauri and Shambhu from March 18 to 23.”

The court also directed the state to explain why the officers were at the parking area, what their assigned duty was, and where they were coming from at that hour. The court also rejected the state’s prayer for additional time to prove its bonafides by carrying out a fair investigation. “You are only buying time,” Justice Moudgil asserted.

Justice Moudgil asserted the period before the FIR’s registration was material. “It shows no faith in the investigating agency. What will you do in future is unknown.... You may, or may not, do the needful,” the court observed.

Alleging brutal assault by Punjab Police officers and subsequent manipulation of the investigation, Colonel Pushpinder Singh Bath had moved the HC, seeking transfer of the probe to the CBI or an independent agency.

The petitioner claimed the local police failed to take action despite the gravity of the offence. Distress calls to senior officials were ignored. Instead of registering an FIR on his complaint, the police lodged a bogus FIR under “affray” against unidentified persons based on a third-party complaint. The officer’s family had to approach senior police officials and even the Governor before a subsequent FIR was registered—eight days later.

Col Bath referred to a clear conflict of interest, manipulation, and bias before contending that a fair and impartial investigation was impossible under the Punjab Police.

Given his position in a national security agency, he warned of a potential breach of classified information.