SIT ignores procedure while summoning Badals, Akshay

UNDER THE LAW, THOSE ABOVE 65 ARE NOT REQUIRED TO JOIN PROBE AT A PLACE OTHER THAN WHERE THEY RESIDE

CHANDIGARH: Questions are being raised over the procedure adopted by the special investigating team (SIT) to summon former chief minister Parkash Singh Badal, his son Sukhbir Singh Badal and actor Akshay Kumar under Section 160 of the Code of Criminal Procedure (CRPC) asking them to join the probe into sacrilege of Guru Granth Sahib and subsequent police firing in Kotkapura and Behbal Kalan in October 2015.

Section 160 of the CRPC, under which summons have been sent, clearly states that “no male person under the age of 15 years or above 65 years, or a woman, or a mentally or physically disabled person shall be required to join the probe at any place other than the place in which such male person or woman resides”.

Nonagenarian Badal now has confirmed to attend the probe. However, the issue of “bypassing legal procedures of Section 160 of CRPC” was discussed in length by the Shiromani Akali Dal leaders with a battery of lawyers who suggested the party to challenge the summons. But due to political reasons, the party decided that the father-son duo should join the probe, said a senior Akali leader.

Former advocate general of Punjab Ashok Aggarwal said the procedure adopted to send summons seemed “mechanical not legal”.

“The procedure has been bypassed. Leave aside the age restriction of 65 years, the right procedure is that if I am an ordinary resident of the police station where the FIR is registered, or I am an ordinary resident of adjoining police station, then I can be called to police station or rest house in that area for probe. If I am not a resident of that jurisdiction, then the investigating officer has to come to my place and the police cannot ask me to come to police station or rest house,” he said. Aggarwal, who was advocate general during previous SAD-BJP government, said it seems nobody read the law before issuing summons.

Even inspector general of police and SIT member Kunwar Vijay Pratap Singh, who issued summons, admitted that there are such provisions in the CRPC. “You just tell me, is the former chief minister not fit enough to join the probe when he is addressing political rallies across the state. Moreover, Badal Saab, who has been given a Z-plus security, travels in luxury cars provided by the state and the central government,” the IG said.

He said the sub-section 2 of Section 160 makes a provision that the state government may provide for payment by the police officer of the reasonable expenses of every person (under 15 years and above 65 years, or a woman) for attending the probe at any place other than his/her residence. “The former CM has already been provided such facilities by the government. Still, I will check a day prior to his appearance and if Badal Saab has any problem, the SIT will record his statement wherever he is comfortable,” said the IG.

Replying to a media query on his purported meeting with dera chief at Akshay Kumar’s residence in Mumbai, Sukhbir said: “I have been given Z-plus security and the police and central security agencies record my movement every minute. The government records will make it clear if I met dera chief or not.”