IMPORTANT POINT
A fair trial requires a congenial atmosphere; if such conditions are absent, transfer of the case is warranted to uphold justice.

JUDGMENT :

(Sandeep Moudgil, J.) :

The jurisdiction of this Court has been invoked under Section 407 CrPC for transfer of case FIR No.130 dated 21.10.2015 under Sections 302, 307, 34, 201, 218, 120-B IPC and Sections 25 & 27 of Arms Act, 1959 registered at Police Station Bajakhana, District Faridkot (Annexure P2) now pending in the Court of Sessions Judge, Faridkot, to the Court of competent jurisdiction outside the District Faridkot, preferably in the State of Haryana or UT Chandigarh.

2. The issue involved in the present case i.e. violence at Bargari following alleged sacrilege of Sri Guru Granth Sahib, is that whether the petitioner has been able to make out a ground that there is no congenial atmosphere at Faridkot to conduct fair and impartial trial and therefore, the trial of the subject FIR needs to be transferred outside Faridkot?

3. Brief facts involved in the present case cynosures the incidents of sacrilege of Sri Guru Granth Sahib as sell as theft of the Holy Granth Sahib from Gurudwara Burj Jawahar Singh Wala, District Faridkot in relation to which, an FIR No.63 dated 02.06.2015 under Section 295-A-380 IPC was registered at P.S. Bajakhana against unknown persons in this regard. Thereafter on 24-9-2015 posters were pasted out side the Gurudrawa Burj Jawahar Singh Wala in praise of Baba Ram Rahim of Dera Sacha Sauda Sirsa, inciting violence between sikh community and Dera Sacha Sauda Sirsa followers and others Sikh organizations having faith in Shri Guru Granth Sahib. This led to registration of 2nd FIR bearing No. 117 dated 25.09.2015 under Sections 295-A/120-B/506 IPC at P.S. Bajakhana against unknown persons. Similarly one more FIR pertaining to such incident of sacrilege in hurting religious feelings was registered vide FIR No. 128 dated 12- 10-2015 u/s 295-A,120-B IPC at P.S. Bajakhana against unknown persons followed by another FIR No. 129 dated 14-10-2015 u/s 307, 435, 332, 333, 353, 283, 186, 148, 149 IPC and Section 25, 27 Arms Act and Section 3, 4 of Prevention of Damage to Public Property Act, 1984 was registered at P.S. Bajakhana at the instance of SI/SHO Amarjeet Singh with regard to incident of violence and obstructing the police officials in discharging their duty by torching their official vehicles as well as opening assault in order to cause death of the police officials and causing damage to public property.

4. In the firing which took place at village Behbal Kalan, two persons in the mob, namely, Krishan Bhagwan son of Mohinder Singh and Gurjeet Singh son of Sadhu Singh received injuries in the firing resulting in their death and the Director, Bureau of Investigation-cum-Chairman, Special Investigation Team (SIT) directed registration of FIR No.130 dated 21-10- 2015 u/s 302, 307, 34 IPC and Section 25,27 Arms Act at P.S. Bajakhana in which none was identified as accused (Annexure P2).

5. Thereafter, the Commission of Inquiry headed by Justice Ranjit Singh (Retd.) in its report dated 30-6-2015 prima facie indicted Charanjit Singh Sharma (petitioner), the then SSP Moga, Bikramjit Singh, the then S.P. Fazilka, Inspector Pardeep Singh and SI Amarjit Singh the then SHO Bajakhana who were responsible for dilly-dallying the matter with regard to the incident of firing in which two persons from the mob lost their lives. The petitioner was arrested on 27.01.2019 and was granted interim bail on medical grounds. The police hurriedly filed report under Section 173 CrPC against the petitioner on the basis of incomplete report in the Court of CJM, Faridkot, on 23.04.2019 and the case was committed to the Court of Sessions without compliance of Section 207 CrPC.

6. Besides, the petitioner was nominated as accused in the FIR No.129 dated 07.08.2018 by the SIT and was granted bail and in the said FIR, Challan has been presented against the petitioner by Kunwar Vijay Partap Singh, IPS, Member SIT, who was restrained by the Election Commission to perform any such duty as such. Ever since the petitioner was nominated