Behbal Kalan firing: HC stays arrest of former SP
CHANDIGARH: The Punjab and Haryana high court on Friday stayed the arrest of former Fazilka superintendent of police (SP) Bikramjit Singh, one of the accused in the Behbal Kalan firing case of 2015.
The high court (HC) bench of justice Ramendra Jain said Bikramjit is not required for any custodial interrogation, as police had fired at the mob that was gathered in an illegal manner violating prohibitory orders.
“In normal circumstance, no police official fires on the mob, unless it is direly needed to avoid a troublesome situation by mob (sic),” justice Jain observed while granting interim protection to the former SP till May 21, the next date of hearing.
Bikramjit was on duty when police opened fire on anti-sacrilege protesters, leading to the death of two, at Behbal Kalan on October 14, 2015.
However, the state government had told court that the protesters were sitting peacefully when former Moga senior superintendent of police (SSP) Charanjit Singh Sharma, inspector Pardeep Singh and other police officials started misbehaving with them, leading to violence.
The court was told that Bikramjit was named as an accused in one of the witnesses’ statement, and his custodial interrogation was required as otherwise “if given protection” he could “hamper” the investigation.
However, the court ruled in the former SP’s favour, who had filed the petition. He had submitted that he feared being arrested by the special investigation team (SIT) constituted by the Punjab government to probe sacrilege and police firing incidents. He had claimed that he had been falsely roped in as an accused on the basis of Justice Ranjit Singh Commission report.
The HC while giving interim protection to Bikramjit asked him to join the SIT probe. Earlier, the HC on February 13 had also stayed the arrest of inspector Pardeep Singh.
The fourth and last accused, sub-inspector Amarjit Singh Kalar (then station house officer of Bajakhana in Faridkot) also filed an anticipatory bail plea in the HC on Friday. Former Moga SSP Charanjit Singh Sharma has already been arrested by the SIT.
In August last year, the names of the four were added to the FIR registered in October 21, 2015, under Sections 302 (murder) and 307 (attempt to murder) of the Indian Penal Code and Arms Ac following directions of chief minister Amarinder Singh.
HEARING AGAINST REPORT DEFERRED
Meanwhile, a HC division bench deferred for February 21 the hearing on a plea against a singlejudge order dismissing pleas on constitution of Justice Ranjit Singh Commission.
The plea was moved by Charanjit Singh and Kalar. During the brief hearing on Friday, the state had argued that the appeal was not maintainable, claiming that it was a criminal case and in such cases appeals against a singlejudge order can be filed in the Supreme Court and not in the HC.
It was on January 25 that the single-judge bench had dismissed pleas against the panel report and demand of a CBI probe into the 2015 incidents. The challenge has mainly been laid on the ground that proceedings of the panel were vitiated as the officers did not get an opportunity of hearing.
In normal circumstance, no police official fires on the mob, unless it is direly needed to avoid a troublesome situation by mob (sic).
HIGH COURT BENCH OF JUSTICE RAMENDRA JAIN