Assault on Col: SIT probe ‘tainted', says high court, hands case to CBI
"The court is convinced that the investigating agency is not only trying to create loopholes in the investigation but trying to make craters in the investigation so as to ensure that once the chargesheet is filed before the court, the case of the prosecution should hardly be able to crawl in court," the HC observed.
In a scathing remark, Justice Rajesh Bhardwaj said that "there are no prospects of free and fair investigation in the case by SIT of UT, Chandigarh", and that the court cannot be a spectator to the investigating agency conducting the probe in a "tainted manner".
In his detailed order, Justice Bhardwaj observed that except for saying the investigation is in progress, there is no material to convince the court that the probe is being carried out in a free and fair manner.
"Needless to say, other offences in the FIR are also non-bailable, but the investigating agency has no answer regarding its conduct in not proceeding against the accused. The only answer given to the court is that all the accused are not traceable.
The court cannot lose sight that all the accused are serving police officers," Justice Rajesh Bhardwaj said.
HC passed the order after interacting with the head of SIT, SP (HQ & intelligence), Chandigarh, Manjeet, who submitted that as the offence under Section 109 BNS (Section 307 IPC, attempt to murder) is not made out, custody of the accused is not warranted. He also apprised the court that though all the accused are police officers, they are not traceable and are absent from their duties as well.
At this, the judge observed that without concluding the investigation, the probe agency has made up its mind to delete the offence under Section 109 BNS, which substantiates the apprehension of the petitioner (Colonel Bath) that the SIT is proceeding in a tainted manner to give benefit to the accused.
HC also observed that the investigation was shifted out of the state of Punjab so as to ensure an impartial investigation, but the court finds no change in the situation.
The order came in the wake of a petition filed by Col Bath, accusing SIT of "shielding" the accused cops and demanding a CBI probe. He submitted that he is a victim of "extreme brutality and high-handedness of Punjab police", and "protectors of law have become breakers of law".
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