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2022 Supreme(P&H) 1625

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Raj Mohan Singh, J.
Param Raj Singh Umaranangal & Ors. – Appellants
Versus
State Of Punjab & Ors. – Respondents
CWP No. 22703 of 2020 (O&M), CWP No. 14076 of 2020 (O&M), CWP No. 1996 of 2021 (O&M) and CWP No. 2060 of 2022 (O&M)
Decided On : 04-07-2022

Advocates appeared:
Mr. Gurminder Singh, Sr. Advocate with Mr. Sangram Saron, Advocate, Mr. Jatinder Gill, Advocate and Ms. Surabhi Kaushik, Advocate, Mr. R.S. Cheema, Sr. Advocate with Mr. K.S. Nalwa, Advocate, Mr. Arshdeep Singh Cheema, Advocate, Mr. Satish Sharma, Advocate, Mr. Chakitan Vs Papta, Advocate and Mr. Yajur Sharma, Advocate, Mr. S.P.S. Sidhu, Advocate, Mr. Sangram Saron, Advocate Ms. Shubreet Kaur, Advocate and Ms. Surabhi Kaushik, Advocate, for the Appellant; Dr. Anmol Rattan Sidhu, Advocate General, Punjab with Mr. Pratham Sethi, Advocate, Mr. A.P.S. Shergill, Advocate and Mr. Manoj Verma, Advocate, Mr. Sumeet Goel, Sr. Advocate with Mr. Aarush Neeraj Vaid, Advocate for CBI.

The need for thorough and expeditious investigations, considering the interconnected nature of the cases.

Headnote:

Sacrilege Incident - Police Investigation - [FACT OF THE CASE] Vide this common order, the court considered cases related to the sacrilege incident and the subsequent violence in Kotkapura and Behbal Kalan. The petitioner, a police officer, was implicated in the investigation. The court analyzed the ongoing investigations, the involvement of the petitioner, and the interconnected nature of the cases. [FINDING OF THE COURT] The court found that the investigations were ongoing and interconnected, and the Special Investigation Teams faced challenges due to the interdependence of the cases. [ISSUES] The issues revolved around the ongoing investigations, the involvement of the petitioner, and the interconnected nature of the cases. [RATIO DECIDENDI] The court emphasized the need for thorough and expeditious investigations, considering the interconnected nature of the cases. [FINAL DECISION] The court disposed of the cases, allowing the petitioners to address arguments at the time of framing of charges and directing the prosecution to submit reports of further investigation to the trial court. The trial court was instructed to take all cases simultaneously and decide accordingly.

JUDGMENT

Raj Mohan Singh, J. - Vide this common order, CWP No.22703 of 2020 titled Param Raj Singh Umaranangal Vs. State of Punjab and others, CWP No.14076 of 2020 titled Gurdeep Singh Vs. State of Punjab and others, CWP No.1996 of 2021 titled Sumed Singh Saini Vs. State of Punjab and others and CWP No.2060 of 2022 titled Suhail Singh Brar Vs. State of Punjab and others are being considered. Since all the aforesaid cases are having identical background, therefore, common facts pleaded in these cases are being noticed. Main order is being passed in CWP No.22703 of 2020.

2. Petitioner-Param Raj Singh Umaranangal was appointed as Deputy Superintendent of Police on compassionate grounds on 03.09.1987. Thereafter, he was promoted as Superintendent of Police in the year 1991. He remained posed as S.S.P, Faridkot in the year 2008-09 and DIG, Ludhiana Range, DIG Ferozepur Range and DIG Border in the year 2012. He remained posted as IG Jalandhar/Bathinda Range in the year 2013-2015.

3. On 01.06.2015, an incident was reported regarding the theft of Sri Guru Granth Sahib Ji from Gurdwara at Burj Jawahar Singhwala, District Faridkot. On 02.06.2015, FIR No.63 was registered at Police Station Bajakhana in respect of sacrilege incident. On 25.09.2015, FIR No.117 was registered at Police Station Bajakhana again in respect of another incident of sacrilege. On 12.10.2015, another incident of sacrilege was reported and FIR No.128 was registered at Police Station Bajakhana.

4. On 12.10.2015 and 13.10.2015, the mob protesting the incidents of sacrilege in Kotkapura turned violent and the situation became very alarming. The authorities resorted to mild lathi charge with the permission of the Sub Divisional Magistrate. The Sub Divisional Magistrate ordered the use of water cannon and tear gas to disperse the violent mob. The protestors damaged and tried to snatch weapons of the police personnel and set police vehicles on fire. Thereafter, SDM ordered for firing in the air. In this incident, many police officials received injuries. The illegal assembly then continued to move towards Barghari and joined another group of protestors, which was already present at village Behbal Kalan. The Police had to do mild lathi charge. The Police personnel were also attacked with some weapons. A day earlier to that, forces from other Districts were 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 police officers.

5. 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 the 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.

6. FIR No.192 was registered on 14.10.2015 for the offences under Sections 307, 353, 332, 333, 323, 382, 435, 283, 120-B, 148, 149 IPC, Section 25 of the Arms Act and Section 3/4 of the Prevention of Damage to Public Property Act, 1984 at Police Station City Kotkapura. FIR No.129 was registered at Police Station Bajakhana in respect of incident dated 14.10.2014 in village Behbal Kalan.

7. A Special Investigation Team was constituted by Director General of Police, Punjab comprising of Mr. Iqbal Preet Singh Sahota, IPS, Director Bureau of Investigation, Punjab as Chairman, Mr. Amar Singh Chahal, IPS, DIG, Ferozepur Range, Ferozepur as Member and Mr. R.S. Khatra, IPS, DIG, Bathinda Range, Bathinda as Member for investigating the aforesaid FIR No.129 dated 14.10.2015, Police Station Bajakhana and FIR No.192 dated 14.10.2015, Police Station Kotkapura.

8. A Special Investigation Team (SIT), recommended for registration of FIR No.130 dated 21.10.2015 regard

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