CHANDIGARH: The Punjab and Haryana prime courtroom has refused to quash the CBI FIR and price sheet filed against 12 Punjab police team of workers for disappearance of six individuals of a Tarn Taran circle of relatives all the way through the period of militancy in Punjab.
The 12 accused, together with Gurmeet Singh who retired as senior superintendent of police (SSP), are going through prosecution at Patiala's particular CBI courtroom. Then Tarn Taran SSP Ajit Singh Sandhu, accused of committing atrocities all the way through militancy, was a few of the accused within the case. Sandhu's name, then again, was dropped from the case after his dying.
The CBI had filed an FIR after Surjit Kaur, a resident of Pandori Ramana village in Punjab's Tarn Taran district, had filed a habeas corpus petition ahead of the prime courtroom and sought instructions to find whereabouts of her husband and 5 different members of the family.
Disappearance of six of circle of relatives: Cops face prosecution
According to the petitioner, her husband Sant Charan Singh and 5 family members — Kesar Singh, Gurdev Singh, Mejha Singh, Gurmej Singh and Balwinder Singh — have been lacking since August 1992. She alleged the six males had gone lacking after a police team led via Gurmeet Singh took them away after an early morning raid.
The prime courtroom directed the CBI to probe the case after which the company registered an FIR on May 30, 1997 below sections 364 (kidnapping or abducting as a way to murder), 344 (wrongful confinement for 10 or extra days), and 346 (wrongful confinement in secret) of the Indian Penal Code.
In August 2001, the CBI filed a price sheet against Gurmeet Singh and different cops ahead of the particular CBI courtroom in Patiala.
In 2016, Gurmeet and different police team of workers against whom the CBI had filed its price sheet approached the prime courtroom and sought quashing of FIR on the grounds that it (prime courtroom) in its 1997 orders had handiest requested the CBI to probe the case and publish its file ahead of the prime courtroom. They argued that the prime courtroom had now not issued instructions to check in an FIR and prosecute them. Therefore, they said that the FIR registered via the CBI as part of this petition was susceptible to be quashed.
Contesting the claim, CBI recommend Sumeet Goel argued that earlier the accused police team of workers had filed a petition for quashing of the FIR and that was pushed aside via the Supreme Court. Now, after a gap of many years again these petitions were filed, which are not maintainable, Goel submitted.
After hearing both the parties, Justice Inderjit Singh held that on this case, the prime courtroom was monitoring the case related to lacking six individuals of a circle of relatives and the inquiry was particularly entrusted to the CBI.
“In no means, it may be held that this courtroom has now not entrusted the CBI to conduct the investigation. Rather, the investigation was conducted directly below the supervision of this courtroom which was monitoring the disputed topic referring to lacking of six individuals of a circle of relatives and many others. Therefore, I to find no merit in these petitions and the similar are pushed aside,” seen Justice Singh in orders released final week.
With these orders, the accused cops would now face prosecution within the particular CBI courtroom Patiala. As of now, there was a stay on framing of charges since August 8, 2016 on this case.
The 12 accused, together with Gurmeet Singh who retired as senior superintendent of police (SSP), are going through prosecution at Patiala's particular CBI courtroom. Then Tarn Taran SSP Ajit Singh Sandhu, accused of committing atrocities all the way through militancy, was a few of the accused within the case. Sandhu's name, then again, was dropped from the case after his dying.
The CBI had filed an FIR after Surjit Kaur, a resident of Pandori Ramana village in Punjab's Tarn Taran district, had filed a habeas corpus petition ahead of the prime courtroom and sought instructions to find whereabouts of her husband and 5 different members of the family.
Disappearance of six of circle of relatives: Cops face prosecution
According to the petitioner, her husband Sant Charan Singh and 5 family members — Kesar Singh, Gurdev Singh, Mejha Singh, Gurmej Singh and Balwinder Singh — have been lacking since August 1992. She alleged the six males had gone lacking after a police team led via Gurmeet Singh took them away after an early morning raid.
The prime courtroom directed the CBI to probe the case after which the company registered an FIR on May 30, 1997 below sections 364 (kidnapping or abducting as a way to murder), 344 (wrongful confinement for 10 or extra days), and 346 (wrongful confinement in secret) of the Indian Penal Code.
In August 2001, the CBI filed a price sheet against Gurmeet Singh and different cops ahead of the particular CBI courtroom in Patiala.
In 2016, Gurmeet and different police team of workers against whom the CBI had filed its price sheet approached the prime courtroom and sought quashing of FIR on the grounds that it (prime courtroom) in its 1997 orders had handiest requested the CBI to probe the case and publish its file ahead of the prime courtroom. They argued that the prime courtroom had now not issued instructions to check in an FIR and prosecute them. Therefore, they said that the FIR registered via the CBI as part of this petition was susceptible to be quashed.
Contesting the claim, CBI recommend Sumeet Goel argued that earlier the accused police team of workers had filed a petition for quashing of the FIR and that was pushed aside via the Supreme Court. Now, after a gap of many years again these petitions were filed, which are not maintainable, Goel submitted.
After hearing both the parties, Justice Inderjit Singh held that on this case, the prime courtroom was monitoring the case related to lacking six individuals of a circle of relatives and the inquiry was particularly entrusted to the CBI.
“In no means, it may be held that this courtroom has now not entrusted the CBI to conduct the investigation. Rather, the investigation was conducted directly below the supervision of this courtroom which was monitoring the disputed topic referring to lacking of six individuals of a circle of relatives and many others. Therefore, I to find no merit in these petitions and the similar are pushed aside,” seen Justice Singh in orders released final week.
With these orders, the accused cops would now face prosecution within the particular CBI courtroom Patiala. As of now, there was a stay on framing of charges since August 8, 2016 on this case.
1992 disappearance of 6: No reprieve for 12 cops
![1992 disappearance of 6: No reprieve for 12 cops]()
Reviewed by Kailash
on
March 26, 2019
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