State moves plea for vacation of stay on probe against 3 ex-cops

CHANDIGARH: The Punjab government has moved an application in the Punjab and Haryana high court seeking vacation of stay on proceedings initiated by it (the govt) against three retired Punjab police officers including former Senior Superintendent of police (SSP), Moga, Charanjit Singh Sharma.

The probe was initiated following recommendation of justice (retd) Ranjit Singh Commission probing incidents of sacrilege and violence of 2015.

The other two officers are Raghbir Singh Sandhu, former SSP, Mansa, and station House officer (SHO), Bajakhana, Amarjit Singh Kalar — all named in FIR registered in the Behbal Kalan firing.

The application will be taken up by the bench of justice RK Jain.

The state has argued that the court order amounts to a blanket stay of all further investigation, which a court has to exercise sparingly where to prevent an abuse of the process of law.

If any civil proceeding is initiated, the officers will have ample forums to appeal before.

The justice (retired) Jora Singh panel report was never accepted by government and its term ended with submission of its report.

Hence, the panel has not been substituted, says government.

It has also argued that the two former officers (SSPS) were advised of their rights while recording their statements, which amounts to being heard before commenting upon their role.

As far the right of cross-examination is concerned, it must be sought for by a party through a formal application, the government has argued.

It was on September 13 that high court had stayed further proceedings on the petition challenging Commission of Inquiry (COI) reports submitted by justice (retd) Jora Singh, submitted in June 2016 to previous SAD-BJP government and June 30, 2018 report submitted by justice (retd) Ranjit Singh for allegedly erroneously considering the facts and circumstances in the case.

The COIS probed incidents of sacrilege and violence in 2015 in which two persons had died.