Punjab and Haryana High Court for SIT probe into ‘fake murder’ case against NRI

Saurabh Malik

Chandigarh, June 17

More than nine years after the Punjab Police registered an abduction case against a non-resident Indian, the Punjab and Haryana High Court has ordered the constitution of a high-level special investigation team to look into the matter. The Bench –– among other things –– was told that the believed-to-be victim might have “faked his abduction and murder with the help of certain officials in the Punjab Police and manipulated a declaration that he is dead”.

The direction by Justice Vinod S Bhardwaj came on a bunch of petitions filed against the State of Punjab and other respondents by Baldev Singh Deol through counsel Hemant Bassi. He was seeking the transfer of case to the Central Bureau of Investigation or any other “independent and impartial investigating agency”.

Appearing before Justice Bhardwaj’s Bench, Bassi contended that the case was registered on May 18, 2015, at Division No.7 police station in Jalandhar, initially for abduction under Section 365 of the IPC. Murder and another offence under Sections 302 and 201 were added subsequently.

It was contended that the “victim” was a “defaulter in England to the extent of about £60,00,000. In order to evade his liability towards the petitioner as well as against his other creditors in England, he faked his abduction and murder…”

The Bench was also told that a body fished out of a canal was later sent to the CFSL for the DNA examination. But it was reported that the DNA did not match with the person’s brother. Justice Bhardwaj asserted: “Taking into consideration the peculiar circumstance of the case and also the fact that the allegations are serious, considering it from any of the perspectives as to whether the person has been murdered or whether the petitioner has been implicated in the murder of the person, who has gone into hiding, the same requires a dispassionate independent investigation by senior functionaries”.

Justice Bhardwaj added there was no allegation against a specific police office or the investigating agency at the current juncture. As such, it would be difficult for the court to construe that “the agency of investigation itself was compromised and that they would not conduct a fair job”.

In his detailed judgment, Justice Bhardwaj set aside the “open non-bailable warrants” issued by a Jalandhar court. The SIT was directed to be headed by Additional Director-General of Police AS Rai. The state DGP was also directed to nominate other members of not below the DIG’s rank.

“The team may, however, be assisted by appropriate staff in investigation of the case,” the Bench added, while directing the petitioner to appear before the SIT within two months and cooperate in the investigation.