The court granted anticipatory bail to the petitioners in the case bearing FIR No.130 dated 21.10.2015 registered under various sections of IPC and Arms Act at Police Station Bajakhana, District Faridkot.

JUDGMENT

Raj Mohan Singh, J. - Vide this common order, CRM-M Nos.7350 and 8125 of 2021 are being decided. Since both the cases have arisen from common FIR, therefore, for the sake of brevity common facts are being noticed.

2. In the aforesaid petitions, both the petitioners seek grant of anticipatory bail under Section 438 Cr.P.C in case bearing FIR No.130 dated 21.10.2015 registered under Sections 302, 307, 341, 201, 218, 166-A, 120-B, 34, 194, 195, 109 IPC and Sections 25 & 27 of the Arms Act at Police Station Bajakhana, District Faridkot.

3. Petitioners have been summoned by the Judicial Magistrate Ist Class, Faridkot for 01.03.2021 on presentation of 3 rd supplementary report under Section 173(8) Cr.P.C., after completion of further investigation by the Special Investigation Team (for short 'the SIT').

4. At the time of incident of sacrilege in District Faridkot i.e. Behbal Kalan/Bargari, the petitioner-Paramraj Singh Umranangal was posted as Commissioner of Police, Ludhiana. Violence took place at two places i.e. Kotkapura and Behbal Kalan. The incident of sacrilege took place in village Bargari. FIR No.128 was registered on 12.10.2015 under Sections 295 and 120-B IPC at Police Station Bajakhana, District Faridkot.

5. Due to the aforesaid incident numerous dharnas were made by the people at different places including Bargari and Kotkapura. On 12.10.2015, a dharna was made by the people at Kotkapura which was disbursed by the Police. On 13.10.2015, the dharna was made again at Kotkapura by the people in large numbers. Protesters were removed till morning of 14.10.2015. Due to clash, water cannon, tear gas and lathi charge were used including firing in the air. The use of force was made as per the order of the District Magistrate. Some police officials were injured and there was damage to vajra vehicle. On 14.10.2015 an order was passed by the SubDivisional Magistrate, Kotkapura for use of light lathi charge and thereafter for use of vajra vehicle and tear gas. In addition to the aforesaid, use of firing in air was also ordered vide order of even date. A day earlier to that, force from other Districts was also mobilized. Commissioner of Police, Ludhiana and SSPs from other Districts like Ferozepur, Sri Muktsar Sahib, Fazilka, Mansa and Moga were also mobilized along with force from their respective units. Director General of Police at Chandigarh was in touch with the senior officers of the Police. In the clash on 14.10.2015 morning, some policemen and protesters were injured at Kotkapura. Petitioner was present at Kotkapura. After few hours, information was received in respect of clash between police party headed by Mr. Charanjit Sharma, SSP Moga and protesters at Behbal Kalan. In the said clash, two persons died. Behbal Kalan falls under the jurisdiction of Police Station Bajakhana. The SIT was constituted by the DGP, Punjab comprising of Sh. Iqbal Preet Singh Sahota, IPS, Mr. Amar Singh Chahal, IPS and Sh. R.S. Khatra, IPS for inquiring into the incident of sacrilege and firing at Behbal Kalan on 14.10.2015. The SIT recommended for registration of the present FIR i.e. FIR No.130 dated 21.10.2015.

6. In respect of violence at Kotkapura and Behbal Kalan, four FIRs were registered, the details of which find mentioned in the petition.

7. In the violence incidents at Kotkapura and Behbal Kalan, no investigation was done from October 2015 to October 2018, though the Government had appointed Hon'ble Mr. Justice Jora Singh (Retd.) as inquiry commission to inquire into the sacrilege of Shri Guru Granth Sahib Ji in District Faridkot and the firing incidents at Koktapura and Behbal Kalan on 14.10.2015.

8. The report of Inquiry Commission dated 29.06.2016 was found to be inconclusive. Thereafter in March, 2017 another Commission headed by Hon'ble Mr. Justice Ranjit Singh (Retd.) was appointed. The Commission gave its report on 30.06.2018. The report of the second inquiry commission was tabled in Punjab Vidhan Sabha in August 2018 with an Act