Punjab and Haryana HC asks Moga choose to probe, submit report in a single month

Punjab and Haryana HC

The Punjab and Haryana High Court has directed the District and Sessions Judge of Moga to conduct an inquiry associated to the unlawful detention a pair allegedly by police officers of Badhni Kalan police station in Moga, and submit the report in a single month.

The bench of Justice Arun Kumar Tyagi, in the meantime, has additionally ordered the DGP Punjab to represent an SIT in a case of alleged suicide, which led to the alleged unlawful detention of the couple.

The petitioner, Manjit Kaur, had approached the High Court submitting that Shinda Singh, her son-in-law, and Paramjit Kaur, her daughter, had been illegally detained by the police officers of in reference to suicide case of Amit Kumar. Kaur had sought launch of each by appointment of a Warrant Officer.

The High Court, after listening to the plea, had appointed a Warrant Officer to look the premises of Police Station Badhni Kalan. The Warrant Officer in his report submitted earlier than the HC submitted that he visited Police Station Badhni Kalan however each weren’t discovered confined there.

Meanwhile, on discover issued by the HC, the state counsel submitted {that a} FIR was registered on March 4, 2021 underneath Sections 120-B (prison conspiracy) and 306 (Abetment of suicide) of the IPC at Police Station Badhni Kalan, Moga and out of six individuals named within the FIR, 4 individuals together with Surjit Singh, Shinda Singh and Paramjit Kaur had been arrested within the case.

The counsel for petitioner, Advocate Arshdeep Brar, nevertheless argued that the Shinda and Kaur had been illegally detained by the police and had been subsequently arrested in case, whereas Surjit Singh, who accompanied the Warrant Officer, had additionally been arrested by the police later.

On orders of HC, SI Karamjit Singh, SHO, Police Station Badhni Kalan appeared earlier than the court docket by way of video name, who knowledgeable that brother of Surjit Singh was knowledgeable about his arrest. On being requested as as to whether the deceased left any suicide be aware, SI Karamjit Singh submitted that the deceased didn’t go away any suicide be aware.

The HC, nevertheless, requested the state to file a reply pertaining to the FIR.

The HC after listening to the matter held, “The facts and circumstances of the present case unmistakably point to tainted investigation. The deceased is not alleged to have left any suicide note.”

Justice Tyagi ordered that the DGP, Punjab, is directed to represent a Special Investigation Team headed by an officer not under the rank of Deputy Superintendent of Police instantly and the SIT constituted shall perform the investigation and file its report.

Meanwhile, over the allegations of petitioner concerning unlawful detention of Shinda Singh and Paramjit Kaur, Justice Tyagi mentioned, “The District and Sessions Judge, Moga is directed to conduct an inquiry as to allegations of illegal detention of Shinda Singh and Paramjit Kaur and malafides made against respondent number 3 (SHO PS Badhni Kalan) after hearing the parties, giving them opportunity to file replies, if any and taking such material evidence as may be produced by the parties before him.”

The bench directed the District and Sessions Judge, Moga to conduct mentioned inquiry and submit his report inside one month from the date of look of the events earlier than him.

The bench, in the meantime, adjourned the matter for listening to on May 3.