No cop fires at mob unless direly needed, says HC

Saurabh Malik

Tribune News Service

Chandigarh, February 15

More than three years after police firing at Behbal Kalan village left two persons dead, the Punjab and Haryana High Court stated the action was directed at an illegally gathered mob and no police official would train his gun unless urgently required. It granted interim anticipatory bail to Superintendent of Police Bikram (SP) Jit Singh.

Justice Ramendra Jain asserted the petitioner was not required for custodial interrogation.

“The police party fired at the mob, which had gathered despite the issuance of proclamation under the Section 144 of the CrPC. Normally, no police official fires at a mob unless it is direly needed to avoid a troublesome situation,” Justice Jain asserted in his four-page order.

Fixing the case for May 21, Justice Jain directed the petitioner to join investigation and be present as and when called for. In the event of arrest, he would be admitted to interim bail. The petitioner was also directed to abide by the conditions that accompany bail orders.

Bikram Jit Singh had moved the High Court through counsel Sant Pal Singh Sidhu for anticipatory bail in an FIR registered on October 21, 2015, for murder and other offences under Sections 302, 307 and 34 of the IPC. Later, offence under Sections 218 and 120-B of the IPC for public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture and criminal conspiracy was added.

Justice Jain said the state government, rejecting Justice Jora Singh’s report, ordered another commission of inquiry headed by Justice Ranjit Singh, which gave its report against “one of the accused responsible for firing incident”.

Opposing the plea, the state counsel asserted injured Beant Singh had specifically stated that a Sub-Inspector had fired on his direction. Permission was not taken from the Duty Magistrate before opening fire even though a Naib Tehsildar acting as Duty Magistrate was present on the spot.