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Kotkapura police firing case: SC takes up Punjab plea challenging HC verdict

The division bench of Justice Indira Banerjee and Justice JK Maheshwari held that notice be issued to the respondents, returnable in four weeks.

By: Express News Service | Chandigarh |
November 9, 2021 12:22:23 am
The counsel appearing for Punjab contended that HC has erred in delving into a detailed appreciation of the evidence collected in the course of investigation and expressing its views on the substance of the allegations contained in the chargesheet.

The Supreme Court Monday issued notice to all respondents over an SLP (Special Leave Petition) filed by Punjab challenging a High Court verdict quashing the findings of the SIT probe in the Kotkapura police firing case.

The division bench of Justice Indira Banerjee and Justice JK Maheshwari held that notice be issued to the respondents, returnable in four weeks.

Punjab in its plea, filed through Senior Advocate Salman Khurshid, Advocate Aadil Boparai, and Advocate on Record Jaspreet Gogia, has challenged certain findings and observations in the judgment dated April 9, 2021, passed by the High Court in the matter Gurdeep Singh versus state of Punjab.

The counsel appearing for Punjab contended that HC has erred in delving into a detailed appreciation of the evidence collected in the course of investigation and expressing its views on the substance of the allegations contained in the chargesheet. The SLP says that HC’s observations and findings in the judgment would not only prejudice the ability of the freshly constituted SIT to conduct a full investigation but would also inhibit any trial court while examining a report that may be submitted by the SIT and would ultimately, lead to miscarriage of justice.

It has been argued before the apex court that the HC has made sweeping observations attributing bias to the state government purely on the basis of conjecture.

As per reports, the HC in April this year had quashed the Punjab Police Special Investigation Team’s (SIT) investigation of the 2015 Kotkapura firing case and directed the state government to constitute a new SIT without IPS officer Kunwar Vijay Partap Singh. The directions were passed by the HC while hearing the plea of Gurdeep Singh, former SHO PS Kotkapura, and another official, who had approached the HC seeking directions to remove the IPS officer from the case investigation.

Advocate General of Punjab, APS Deol, had recently said that there were clear instructions for expediting the process of filing the SLP at the apex court.

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