So that there is no delay in adjudication of the case against a sub-inspector with the Chandigarh Police indicted by the Haryana Police for causing death of a 21-year-old in a road accident,the Punjab and Haryana High Court has dismissed an application filed by the Sub Inspector. By dismissing the application,the High Court has also disposed of the main case thereby paving way for a trial against the sub-inspector in a lower Court. The sub-inspector will now face the trial after the Haryana Police files its charge sheet.
Challenging a report submitted by a special investigation team (SIT) of the Haryana Police which indicted him of causing death by driving in rash and negligent manner,Sub Inspector Jaspal Singh Bhullar had filed an application in the High Court. An SIT was constituted on the directions of the High court after Balwinder Singh,father of the deceased had moved the High Court demanding investigation into the mysterious death of his 21 year old son,Gagandeep. In its report,the SIT in March this year had held Bhullar guilty of causing death of 21 year old Gagandeep Singh by driving his vehicle in a rash and negligent manner. Bhullar was posted as Incharge,Police post-22,at the time of the accident in 2009.
The SIT had also indicted Bhullar on charges of causing death by driving in rash and negligent manner and misusing his official position in the case. According to the investigation report,prepared by the Haryana police SI Bhullar was posted as the in-charge of the sector-22 police post where the accident took place and SI Ram Kishan was also posted in the same police post and was his immediate junior. Due to these circumstances,it is evident that SI Bhullar put undue pressure on SI Ram Kishan and got the First Information Report (FIR) registered against Gagandeep Singh. In the same manner Inspector Kuldeep Singh,in-charge of Special Crime Investigation (SCI) cell,sector-24 Chandigarh,did not conduct proper investigation. The re-investigation of the case has been concluded on the basis of statements of eyewitness and relevant record on the file during the course of investigation and it has been found that the accident was caused by SI Jaspal Singh by driving his car in a rash and negligent manner.
The operative part of the report read that pursuant to conclusion of investigation,the final report of investigation shall shortly be filed in the Court of Magistrate recommending taking cognizance of the offence against Sub Inspector Jaspal Singh Bhullar under Sections 279,337,304-A of the Indian Penal Code (IPC). In response to this,Bhullar had filed an application in the High court claiming that the investigation was conducted in a hasty manner.
Showing no faith in the report against him,Bhullar had demanded that a reinvestigation be ordered. Pleading innocence,the police officer had alleged that the investigation was done under pressure. Bhullar had alleged that the report prepared by Haryana Police is vague and that the investigating officer has not looked into several aspects of the investigation.
After hearing counsel for Bhullar,Justice Daya Chaudhary ruled I find that the objection raised in the application is not maintainable and therefore it cannot be considered by this Court. The application is dismissed. However,the Court has granted Bhullar liberty to raise all the objection which are available to him before the trial Court at an appropriate stage.