Colonel Assault Case: HC raps Punjab Police for 8-day delay in FIR, seeks explanation from state govt

The court has also sought explanation on why the FIR was delayed despite medico-legal reports showing injuries to both the petitioners (Colonel Pushpinder Singh Bath and his son Angad Singh Bath) and two police personnel? It further asked why no alcohol test was conducted on the accused, and if conducted, why was the report not submitted?

The court also asked why the Punjab Police were willing to register an FIR based on the complaint of a dhaba owner, outside whose eatery the alleged incident took place, but refused to heed the complaint filed by the Army officer’s wife.

Colonel Bath has moved the high court seeking the transfer of an FIR, dated March 22, 2025, registered at Civil Lines police station in Patiala, to the Central Bureau of Investigation (CBI) or any independent agency “to prevent miscarriage of justice, ensure accountability, and restore public confidence in the rule of law.” The Army officer, currently posted at the Army headquarters in New Delhi, has alleged that on the night of March 13, twelve Punjab Police personnel, including four Inspector-rank officers, attacked him and his son without any provocation.

The Colonel, in his plea has alleged that he and son were assaulted, left to recover briefly as the police officials drank water, and then assaulted again by the same individuals. The Colonel, he alleged, suffered a dislocated arm while his son’s nose was fractured. CCTV evidence from the roadside dhaba reportedly shows the assault.

Justice Moudgil,who reviewed the video footage and medical reports related to altercation, rebuked the police’s handling of the case. “If your clients (police personnel) were so honest and dedicated, they should have booked them, taken them for medical. Instead, they fled from the spot and spent three days apologising,” the court said the counsel representing the respondent

Advocate Vinod Ghai intervened on behalf of Constable Randhir Singh, who, he claimed, had suffered injuries during the altercation. He claimed that a medical report conducted in the wee hours of March 14 showed that he had suffered wounds on his body.

A counsel representing Colonel Bath submitted that the Army officer showed the police personnel his service ID while he was being beaten up but one of them snatched it from him and allegedly said, “We have just returned from an encounter, if you survive this, you can collect your ID from the ACP Civil Lines”. He further submitted that the police also took away the Colonel’s phone.

The Colonel,in his petition, urged that he asked police officers to return his phone as he was serving on a very sensitive post in the Cabinet secretariat but to no avail. He further claimed that the IAS officer first appointed to investigate the case lacked the authority to adequately address the criminal aspects of the case under the provisions of the Bharatiya Nyaya Sanhita.

Colonel Bath prayed for the court to probe the role of senior Punjab Police officers in the delayed registration of the FIR, alleging that it was aimed at shielding the accused, suppressing the matter, and destroying crucial evidence. Additionally, he sought the preservation of relevant CCTV footage and mobile tower locations linked to the case.

Expressing concerns about threats to his life and that of his family and eyewitnesses, the Colonel urged the court to ensure their protection. He also sought an exemption from filing certified or true-typed copies of annexures in the interest of justice. Until the final disposal of the petition, he requested a stay on the ongoing investigation by the Punjab Police.

The court took note of the footage presented by the Colonel, which had been retrieved from the dhaba and submitted as part of the case record. The petitioner lamented that the police had failed to seize this footage during the investigation.