Punjab: CBI to probe assault on Col Bath, son: HC

The court is convinced that the investigating agency (UT police SIT) is trying to create loopholes in the investigation: HC bench

The Punjab and Haryana high court on Wednesday transferred the probe into the alleged assault on Colonel Pushpinder Singh Bath and his son by Punjab Police personnel in Patiala on March 13 to the Central Bureau of Investigation (CBI).

Colonel Bath and his 21-year-old son Angad were allegedly assaulted by police officers over a parking dispute outside a roadside eatery near Government Rajindra Hospital in Patiala on March 13. (HT)

The high court asserted that the purpose of the investigation is to bring out the truth and not to suppress the same and weighing the facts and circumstances of the case, the court finds that there are “no prospects of free and fair investigation” in the case by Chandigarh police. The probe was entrusted out of the state to ensure an impartial investigation but the court finds “no change in the situation”, it added.

“..From the overwhelming circumstances of the case, 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 the court,” the bench of justice Rajesh Bhardwaj said while ordering CBI probe into two connected FIRs registered in Patiala.

Colonel Bath and his 21-year-old son Angad were allegedly assaulted by police officers over a parking dispute outside a roadside eatery near Government Rajindra Hospital in Patiala on March 13. The army officer, in his complaint, alleged that the cops in civil dress asked him to move his car, as they had to park theirs. When the colonel objected to their rude tone, the officers thrashed him and his son.

Based on the colonel’s complaint, a first information report (FIR) was registered initially against unnamed police officers and later inspectors Ronny Singh, Harjinder Dhillon, Harry Boparai and two more cops, Rajveer and Surjeet Singh, were named in the FIR. The case was originally probed by Punjab Police before the high court handed the case to Chandigarh Police on a plea filed by the colonel, who sought a probe by CBI or an independent agency.

A special investigation team (SIT) led by Chandigarh Police SP Manjeet Sheoran was constituted on April 11 to probe the matter.

However, on July 14, Colonel Bath filed a fresh petition alleging the SIT’s “reticence and reluctance” to impartially investigate the FIR, and sought directions for the CBI probe. During the hearing on Wednesday, Bath’s counsel, Preetinder Singh Ahluwalia submitted that “authorities are orchestrating the investigation to dismantle the case”. He also questioned how attempt to murder charge was dropped, which dilutes the case against accused cops even as facts of the case remains the same, he submitted. Punjab and Chandigarh police both had opposed the demand of CBI probe.

The court while entrusting the probe to CBI said that it cannot be a mute spectator to the conduct of the investigating agency in conducting the probe in a “tainted manner”. The offence of attempt to murder has already been deleted by the SIT even as investigation is not complete, which “substantiate the apprehension” of the petitioner that the SIT is proceeding in a tainted manner to give benefit to the accused, it recorded.

It added that other offences in the FIR are also non-bailable, but the SIT has no answer regarding its conduct in not arresting the accused and if they are not traceable, taking other measures to bring them to justice.

“I’m exhausted, but the fight for justice will continue. The high court order of transferring the probe from Chandigarh Police to the CBI has reignited hope for justice. This case shows how difficult it is to get justice when you are fighting against the police. This is not my fight alone for my husband. This is also a fight for the mothers of innocent youngsters who have been victim of police excesses,” Jasvinder Kaur Bath, colonel’s wife said after the court’s decision.

Twists turns in the case

March 13-14: Col Pushpinder Singh Bath, his son Angad allegedly assaulted by Punjab Police cops over a parking tiff outside a dhaba in Patiala.

Mar 15: Patiala police register FIR against unidentified persons based on eatery owner’s statement, but no case registered on Col Bath’s complaint. Col’s wife Jasvinder Kaur holds press conference to highlight inaction.

Mar 17: Departmental probe initiated against 12 cops, but identities not disclosed.

Mar 21: Opposition leaders raise issue in assembly. Punjab Police forms SIT to probe incident

Mar 22: Fresh FIR registered based on colonel’s statement, accusing 12 cops of assault. Accused suspended after public outcry.

Mar 25:HC questions delay in registering FIR, seeks reply from state government by March 28.

Mar 26: DGP Gaurav Yadav and Western Command chief of staff Lt Gen Mohit Wadhwa hold joint press conference to de-escalate tensions. Army demands time-bound inquiry

Mar 27: Col Bath files plea in HC, wants probe transferred to CBI

Mar 30: Bath’s family meets defence minister Rajnath Singh, expresses lack of faith in Punjab Police probe.

April 3: HC transfers investigation to Chandigarh Police, orders constitution of new SIT, sets four-month deadline to complete probe.

May 23: HC dismisses anticipatory bail plea of Ronnie Singh, one of the accused officers, calling the act a “gross misuse of police authority”.

Jun 11: Bath’s wife meets Punjab governor Gulab Chand Kataria, seeks arrest of accused

July 14: HC asks Chandigarh Police to file report on probe status by July 16.

July 16: HC transfers probe to CBI