July 20, 2021 1:18:41 am
The Punjab and Haryana High Court Monday dismissed the plea of an accused in the sacrilege case who had sought to quash a Faridkot court directing him to submit his handwriting samples. Dismissing the plea, Justice Harnaresh Singh Gill said that by raising such objection, mid-way into the investigations “the petitioner is preempting his guilt”.
The petitioner Sukhjinder Singh alias Sunny had laid emphasis on the investigation carried out by the the Central Bureau of Investigation urging the court that it must be taken into consideration by the new SIT.
Sukhjinder ghad moved HC against the June 8 order passed passed by Judicial Magistrate First Class (JMIC), Faridkot in FIR number 117. The Faridkot court had asked him to submit his handwriting samples to be compared to the ones found on the posters.
Sukhjinder’s counsel said that the CBI had already obtained handwriting samples of their client and got the same compared with the posters in question from the Central Forensic Science Laboratory, New Delhi. The CFSL submitted its report on August 27, 2018, in which they said that the writing of the petitioner did not match with that on the posters in question. The CBI has already submitted a closure report on July 4, 2019, before the Special Magistrate, CBI Court at Mohali, in which the petitioner and other accused were held not guilty.
On the other hand, Gaurav Garg Dhuriwala, Senior DAG, Punjab, contended that the earlier investigation conducted by the CBI is only persuasive in nature and not binding upon the SIT and any undertaking given before the court would not restrain the prosecution from collecting further evidence. Dhuriwala further submitted that the prosecution agency is bound to collect the evidence so as to reach a logical conclusion.
Justice Gill, after hearing the arguments held, ”The petitioner could not show as to what prejudice is caused to his rights by objecting to obtaining of his handwriting samples. Rather, by raising such objection, mid-way into the investigation, the petitioner is preempting his guilt.”
“It may be noticed that earlier handwriting samples of the petitioner had been taken in FIR No. 63 dated June 2, 2015 and not in the present FIR which is 117 dated September 25, 2015. Thus, the prosecution cannot be restrained from obtaining the handwriting samples,” added Justice Gill.
As per the FIR registered in 2015, it was stated that on September 24 and September 25, 2015, some posters containing derogatory remarks about Guru Granth Sahib and against some leaders of the Sikh religion were found pasted outside an SGPC-managed gurdwara in Bargari village.
SIT records statement of former jathedar
Chandigarh: A SPECIAL Investigation Team (SIT) led by ADGP L K Yadav on Monday recorded the statement of former jathedar of Takht Damdama Sahib Giani Kewal Singh, in connection with the October 2015 Kotkapura police firing incident.
Singh was among the Sikh representatives who were present during the police action in Kotkapura on October 14, 2015, where many had protested against the desecration of the Guru Granth Sahib in Bargari village two days earlier.
Speaking on phone, Singh said this is the fourth time his statement has been recorded, after two Commissions of Inquiry headed by Justice Jora Singh (retd) and Justice Ranjit Singh (retd) and “People’s Commission’ headed by Justice Markandey Katju’ recorded his statement.
Singh said he was reciting the ‘path’ when police action took place. “I told the SIT today that the police action was undemocratic and the decisions were taken from Chandigarh. We consider then chief minister, home minister, DGP and the chief secretary guilty for the wrong decision,” he added.
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