‘Police misused’: Plea in HC demands CBI probe, suspension of Patiala SSP

A petition filed before the Punjab and Haryana High Court today sought immediate judicial intervention to safeguard free and fair zila parishad and panchayat samiti elections in the state, alleging systematic police-led obstruction of opposition candidates during the ongoing nomination process.

Taking up the matter, the Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry made it clear that the state “may” respond. The matter will now come up on Monday, when state Advocate-General Maninderjit Singh Bedi’s objections to the maintainability of the petition will also be taken up.

Filed as a public interest litigation by former MLA Dr Daljit Singh Cheema, it sought suspension of Patiala SSP Varun Sharma and registration of a CBI-monitored FIR within seven days, asserting that self-probe by the state police leadership would be meaningless when the allegations centre around its own functioning.

The petition referred to a purported viral conference-call audio, annexed before the court, “revealing directives to halt opponents at homes or routes, act on local MLA’s orders, shield ruling AAP supporters with “positive reports”, and ensure returning officers reject entries, engineering uncontested wins and violating the model code of conduct”.

Terming the police conduct “private militia-like functioning”, the petitioner asserted that such actions constituted a conspiracy and amount to wrongful restraint, intimidation and coercion, besides violating the model code of conduct that came into force on November 28.

The petitioner submitted that these actions struck at the core of the constitutional framework governing elections by infringing the right to equality, freedom of speech and association, personal liberty and the electoral superintendence vested under Article 324. The plea specifically cited offences relating to undue influence under provisions of election law and provisions of the Bharatiya Nyaya Sanhita on restraint, intimidation, disobedience and conspiracy.

The petitioner also sought directions to the CBI or any independent investigating agency to launch immediate probe into the conduct and the allegations raised in the writ petition against IPS officer Varun Sharma and “a thorough and independent inquiry into the allegations of criminal conspiracy and misuse of police machinery to subvert the electoral process”.

Directions were also sought to transfer the officer with immediate effect, to prevent further interference in the ongoing elections, along with directions to the respondent-Election Commission to “deploy Central armed police forces or independent observers till the conduct of elections and counting process in Patiala district forthwith to secure the life and liberty of candidates and voters”.