The Punjab and Haryana High Court has strongly criticized the Punjab Government for not arresting police personnel allegedly involved in the assault of an Army officer. Expressing dissatisfaction with the State's inaction, the court raised serious concerns over the delay in justice.
Justice Sandeep Moudgil, while reviewing the affidavit submitted by the State, questioned the authorities regarding their inaction.
"Despite clear allegations and the identification of policemen, why have they not been arrested so far, and what has the police done so far?" the Judge remarked.
When the State sought additional time to respond, the Court firmly stated that such delays could not be justified. "There is a delay in lodging the DDR and now the arrest... You are only buying time," the Court observed.
Assault on Army Officer and Allegations of Deliberate Delay
Colonel Pushpinder Singh Bath, currently stationed at the Army headquarters in New Delhi, alleged that on the night of March 13, four Inspector-rank officers of Punjab Police, along with their armed subordinates, assaulted him and his son without any provocation.
According to the plea filed by the Army officer, "Despite the seriousness of the offence, the local police failed to take action. Distress calls made to senior officials were ignored, and instead of registering an FIR based on the petitioner's statement, a bogus FIR under 'affray' against unknown persons was filed on the complaint of an unrelated third party."
It was only after persistent efforts by the petitioner’s family, including approaching senior police officers and the Hon’ble Governor of Punjab, that a proper FIR was eventually registered—after a delay of eight days.
Demand for Central Investigation
The Army officer has requested the transfer of the investigation to a Central Agency, citing "conflict of interest, delay, and impartial investigation" by the Punjab Police.
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Punjab Government’s Response and Court’s Displeasure
In an affidavit presented before the Court, the Punjab Government stated that all accused police personnel had been placed under suspension, and departmental proceedings for major punishment had been initiated against them. Additionally, a high-level special investigation team (SIT) has been formed to ensure a "fair and expeditious manner" of investigation.
However, the Court was dissatisfied with the affidavit, demanding an explanation as to why the accused policemen had not been arrested yet. The Court further questioned how many FIRs were registered in the Colonel Bath assault case and whether they were influenced by the farmers' agitation.
"Whether it would suffice to place four accused police officials under suspension and transfer four inspectors out of the bounds and jurisdiction of the Patiala district police?" the Court asked.
Court Questions Delay in FIR Lodging
The Court observed that the delay in registering the FIR raised concerns over the credibility of the investigating agency.
"It shows no faith in the investigating agency. What will you do in the future is unknown... You may, or may not, do the needful," the Judge remarked.
The case is scheduled for further hearing on Thursday, with the Court expected to take a final call on the matter.
Title: COL. PUSHPINDER SINGH BATH V/S STATE OF PUNJAB AND ANOTHER