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2019 Supreme(P&H) 371

IN THE HIGH COURT OF PUNJAB AND HARYANA
RAJAN GUPTA, J.
Charanjit Singh - Appellant
Vs.
State Of Punjab - Respondent
CWP No. 23285 of 2018
Decided on : 25-01-2019

Advocates:
Advocate Appeared:
For the Appellants :Akshay Bhan, Sr. Advocate with A.S. Talwar, Advocate
for the Respondents:P. Chidabamram, Sr. Advocate with Ms. Anusha Nagraj, DAG Punjab, Atul Nanda, Advocate General, Punjab with Mrs. Rameeza Hakim, Addl. A.G. Punjab and Sahil Sharma, DAG Punjab
For the CBI :Sumeet Goel, Standing Counsel, P.S. Hundal, Sr. Advocate with PJS Hundal, Advocate, Sandhu Singh; G.S. Bal, Advocate

The court emphasized the need for fair, impartial, and speedy investigation by the State police, undeterred by the recommendations of the commissions.

Headnote:

SACRILEGE - COMMISSION OF INQUIRY - 1952 ACT - The court disposed of multiple writ petitions pertaining to incidents of sacrilege and violence. The petitions challenged the recommendations of two commissions of inquiry and the withdrawal of investigation from the Central Bureau of Investigation. The court rejected the challenges and upheld the withdrawal of consent for investigation by the CBI. It emphasized the need for fair, impartial, and speedy investigation by the State police, undeterred by the recommendations of the commissions.

JUDGMENT :

RAJAN GUPTA, J.

1. This order will dispose of CWP Nos.23285 of 2018, 25837 of 2018, 25838 of 2018, 27015 of 2018 and 28001 of 2018 pertaining to certain incidents of sacrilege of religious scriptures and violence that ensued as a result thereof.

2. In CWP No.23285 of 2018 the petitioners have posed a challenge to recommendations of Zora Singh Commission report dated 29.6.2016 (P-11) set up on 16.10.2015 and the Ranjit Singh Commission report dated 30.6.2018 (P- 19) set up on 14.10.2017 to conduct an inquiry into the incidents of sacrilege and alleged role played therein by various persons; as also the incidents of firing on 14.10.2015 at Kotkapura and Behbalkalan in which two persons died. It was also entrusted the task of enquiring into role of police officials who allegedly did not investigate properly and dilly-dallied.

3. The police officials have challenged proceedings initiated against them pursuant to the Commission reports. In CWP No.25837 of 2018 a similar prayer has been made as in CWP No.23285 of 2018 wherein quashing of reports dated 29.6.2016 and 30.6.2018 of Zora Singh Commission and Ranjit Singh Commission, respectively has been sought. Additionally, Action Taken Report (ATR) dated 24.8.2018 and order dated 17.9.2018 initiating Departmental Enquiry against the petitioner has also been challenged.

4. CWP No.25838 of 2018 inter alia contains the same prayer seeking quashing of reports in question with a further prayer for quashing zimini order dated 11.8.2018 (P-16) vide which petitioner Bikramjit Singh was arrayed as an accused in FIR No.130 of 21.10.2015 on the basis of Ranjit Singh Commission report and initiation of departmental enquiry vide notice dated 23.8.2018.

5. CWP No.27015 of 2018 has again been preferred by police officials seeking a mandamus to entrust investigation of FIRs mentioned in the prayer clause to an independent agency such as Central Bureau of Investigation to ensure fair and impartial investigation.

6. CWP No.28001 of 2018 has been preferred for seeking a writ in the nature of certiorari to quash resolution dated 28.8.2018 (P-19) passed by the Legislative Assembly seeking to withdraw investigation already entrusted to the Central Bureau of Investigation in FIR No.63 dated 2.6.2015 u/s 295-A, 380 IPC, FIR No.117 dated 25.9.2015 u/s 295A IPC and FIR No.128 dated 12.10.2015 u/s 295, 120-B IPC, PS Baja Khana, Distt. Faridkot vide notification dated 2.11.2015, as also other FIRs entrusted to CBI by a notification issued in the year 2018.

7. First incident of alleged sacrilege relating to one sarup (set) of Guru Granth Sahib is alleged to have taken place on 1.6.2015 regarding which FIR No.63 dated 2.6.2015 u/s 295A and 380 IPC was registered at PS Bajakhana, Distt. Faridkot. Second incident of alleged sacrilege took place on 25.9.2015 wherein two hand-written posters containing sacrilegious content were pasted near a Gurudwara. In this respect FIR No.117 dated 25.9.2015 u/s 295A IPC was registered at PS Baja Khana, Distt. Faridkot. Third incident of sacrilege related to alleged dismantling of parts of Guru Granth Sahib. Same were discovered in a street opposite to a Gurudwara in village Barghari. In this respect FIR No.128 dated 12.10.2015 u/s 295 and 120B IPC was registered at PS Bajakhana, Distt. Faridkot. Between 12.10.2015 and 14.10.2015 there were mass protests at Kotkapura and Behbal Kalan due to the incidents of sacrilege and perceived inaction of the police. The protests allegedly snow-balled into a major agitation on 14.10.2015. This led to firing by police causing injuries to certain protesters and death of two of them. As a result, FIR Nos. 129 was registered on 14.10.2015 at Baja Khana u/s 307 etc. IPC, Arms Act and offences relating to destruction of public property. On the same day FIR No.192 was registered at PS Kotkapura for commission of similar offences.

8. On 16.10.2015, Govt. of Punjab appointed Justice (retd.) Zora Singh to enquire into the incidents of sacrilege and pol
























































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