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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Amol Rattan Singh, J.
Sukhjinder Singh @ Sunny - Appellant
Versus
State Of Punjab & Anr. - Respondents
CRM -M-19785 of 2020
Decided On : 04-01-2021
The petitioner, one of the accused in the case of sacrilege of the holy scripture (Shri Guru Granth Sahib Ji), challenged the final report submitted by the Special Investigation Team (SIT) of the Punjab Police and the order passed by the Judicial Magistrate, Faridkot, summoning the petitioner and his co-accused. The petitioner contended that the investigation/proceedings in the same FIR by two different agencies, i.e. the Punjab Police and the Central Bureau of Investigation (CBI), is not permissible. The CBI, on the other hand, argued that the consent once given by the State Government in terms of Section 6 of the Delhi Special Police Establishment Act, 1946 (Act of 1946) cannot be thereafter withdrawn and consequently, the investigation thereafter conducted by the Punjab Police is illegal. The court held that the notification of the Punjab Government dated 06.09.2018, withdrawing consent for the CBI to investigate the matters, had been upheld by this court vide its judgment in CWP No.28001 of 2018 and connected matters, with even the SLP filed by the CBI against that judgment having been dismissed. Therefore, the CBI no longer had any jurisdiction to proceed further. The court further held that the investigation conducted by the SIT constituted on 22.04.2020 would not be considered as de novo investigation, but as further investigation of that initially undertaken in the year 2015 by the Punjab Police itself. The court directed the CBI to handover all case diaries and evidence gathered by it in the context of investigation in the said FIR no. 63 of 2015, to the Punjab Police, within one month from the date of the order. The court also directed the Punjab Police to submit a supplementary report to the court at Faridkot, which court would then, in its wisdom, examine such report and all evidence gathered by both agencies, as is presented before it, and pass an appropriate order thereupon.
Fact of the Case:
The petitioner was one of the accused in the case of sacrilege of the holy scripture (Shri Guru Granth Sahib Ji). The Special Investigation Team (SIT) of the Punjab Police submitted a final report and the Judicial Magistrate, Faridkot, passed an order summoning the petitioner and his co-accused. The petitioner challenged the final report and the order, contending that the investigation/proceedings in the same FIR by two different agencies, i.e. the Punjab Police and the Central Bureau of Investigation (CBI), is not permissible. The CBI argued that the consent once given by the State Government in terms of Section 6 of the Delhi Special Police Establishment Act, 1946 (Act of 1946) cannot be thereafter withdrawn and consequently, the investigation thereafter conducted by the Punjab Police is illegal.
Finding of the Court:
The court held that the notification of the Punjab Government dated 06.09.2018, withdrawing consent for the CBI to investigate the matters, had been upheld by this court vide its judgment in CWP No.28001 of 2018 and connected matters, with even the SLP filed by the CBI against that judgment having been dismissed. Therefore, the CBI no longer had any jurisdiction to proceed further. The court further held that the investigation conducted by the SIT constituted on 22.04.2020 would not be considered as de novo investigation, but as further investigation of that initially undertaken in the year 2015 by the Punjab Police itself. The court directed the CBI to handover all case diaries and evidence gathered by it in the context of investigation in the said FIR no. 63 of 2015, to the Punjab Police, within one month from the date of the order. The court also directed the Punjab Police to submit a supplementary report to the court at Faridkot, which court would then, in its wisdom, examine such report and all evidence gathered by both agencies, as is presented before it, and pass an appropriate order thereupon.
Issues: 1. Whether the CBI had jurisdiction to continue investigation in the case after the notification of the Punjab Government dated 06.09.2018, withdrawing consent for investigation? 2. Whether the investigation conducted by the SIT constituted on 22.04.2020 would be considered as de novo investigation or further investigation of that initially undertaken in the year 2015 by the Punjab Police itself?
Ratio Decidendi: 1. The court held that the notification of the Punjab Government dated 06.09.2018, withdrawing consent for the CBI to investigate the matters, had been upheld by this court vide its judgment in CWP No.28001 of 2018 and connected matters, with even the SLP filed by the CBI against that judgment having been dismissed. Therefore, the CBI no longer had any jurisdiction to proceed further. 2. The court held that the investigation conducted by the SIT constituted on 22.04.2020 would not be considered as de novo investigation, but as further investigation of that initially undertaken in the year 2015 by the Punjab Police itself.
Final Decision: The court directed the CBI to handover all case diaries and evidence gathered by it in the context of investigation in the said FIR no. 63 of 2015, to the Punjab Police, within one month from the date of the order. The court also directed the Punjab Police to submit a supplementary report to the court at Faridkot, which court would then, in its wisdom, examine such report and all evidence gathered by both agencies, as is presented before it, and pass an appropriate order thereupon.
JUDGMENT
Amol Rattan Singh, J. - The petitioner has invoked the jurisdiction of this court under the provisions of Section 482 of the Code of Criminal Procedure, 1973, "read with Article 226 of the Constitution of India."
The prayer made in this petition is to quash the final report submitted by a Special Investigation Team (SIT) of the Punjab Police to the learned Judicial Magistrate, Faridkot, on July 06, 2020, under the provisions of Section 173 of the Code of Criminal Procedure (pursuant to FIR no.63 of 2015 having been registered at Police Station Bajakhana, District Faridkot, on June 02, 2015, alleging therein the commission of offences punishable under Sections 295-A and 380 of the IPC).
The petitioner further seeks quashing of the order passed by the learned Judicial Magistrate, First Class, (Duty Magistrate), Faridkot, in case No. CHI-178/2020, on the same date as the submission of the report, i.e. July 06, 2020 (copy Annexure P-15). Vide that order, notice has been ordered to be issued to the petitioner and his co-accused, Shakti Singh, (both of whom were admitted to bail earlier), to appear before that court on 20.07.2020, production warrants to the secure the presence of other accused who were in custody, also having been ordered to be issued.
2. As per the petitioner, the said order is illegal and unsustainable as the very same FIR no.63/2015, alongwith other such FIRs registered pertaining to similar incidents, is already "under investigation/further investigation" with the Central Bureau of Investigation (hereinafter to be referred to as the CBI or the Bureau), pursuant to the orders passed by the learned Special Judge (CBI), Punjab, at Mohali. Therefore, the petitioner contends that "investigation/proceedings" in the same FIR by two different agencies, i.e. the Punjab Police and the CBI, is not permissible.
He further contends that the FIR in question registered at Police Station Bajakhana, District Faridkot, was so registered on the basis of a statement given by one Gora Singh who was working as a Granthi (Priest) in the Gurudwara Singh Sahib, village Burj Jawahar Singh Wala, District Faridkot, who stated that the Saroop (scripture) of the holy Shri Guru Granth Sahib Ji was missing from the Peera Sahib, i.e. the place of its rest, and that some unknown persons had stolen the Saroop (i.e. the holy book, Shri Guru Granth Sahib), which had outraged/hurt religious feelings.
On that statement, the aforesaid FIR came to be registered on June 02,2015.
3. The petitioner further states in his petition that two other incidents of sacrilege also took place thereafter on September 24 and 25, 2015, with posters containing derogatory remarks etc. about the holy scripture (Shri Guru Granth Sahib) as also containing remarks against some Sikh religious leaders, found posted outside the Gumdwara managed by the Shiromani Gurdwara Parbandhak Committee (SGPC) in village Bargari, about 2 kms. from the village from where the holy book was stolen (Burj Jawahar Singh Wala).
That having happened on September 24, thereafter on September 25 a similar poster was found posted outside the Gumdwara of village Burj Jawahar Singh Wala also.
In respect of these two incidents, FIR no. 117 came to be registered at the same police station (Bajakhana, District Faridkot), on 25.09.2015, bearing FIR no. 117, alleging therein the commission of an offence punishable under Section 295-AoftheIPC.
On 12.10.2015 another incident is stated to have happened (as per the petition) with some Angs (pages) of the holy book found strewn around the Gumdwara Sahib at Bargari. Some people are stated to have collected those torn pages which they took in a procession to the Kotkapura Crossing in Faridkot District, where they sat on a dharna later.
During these protests, allegedly the police resorted to firing, in respect of which FIR no. 128 was registered on 12.10.2015 at the same police station (Bajakhana), alleging therein the commission of offences under Sections 295 and 120-
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