Explained: How 2015 sacrilege probe keeps going round in circles in Punjab

Three incidents of sacrilege took place in Faridkot district between June to October 2015 leading to a huge resentment and protests in Punjab and killing of at least two civilians in the police firing. The three FIRs pertaining to the desecration soon were transferred to the CBI for investigation by the then Akali Dal government. In August 2018, the state Assembly passed a resolution to withdraw the cases from CBI and soon the government withdraw its consent from the CBI and ordered that the probe will be taken over by an SIT of the state police.

The matter soon reached the High Court but the decision of the government was saved with even the CBI not coming forth in the proceedings against the government decision. The court said the investigation entrusted to the CBI “had hardly made any headway” in the past four years and also made it clear that “a separate investigation by two different investigating agencies would not be in public interest, the incidents being inextricably linked”

What has happened since the High Court upheld the government decision?

In July, the CBI filed a closure report in the three FIRs terming all the 10 accused innocent. The led to a political storm in the state with not only the opposition parties reacting but also a number of Congress MLAs who have been promising the electorate that the guilty would be brought to the book. Chief Minister Amarinder Singh then asked Advocate General Atul Nanda to oppose the closure report.

What is the latest turn in the case and how is Punjab’s own officer behind it?

The CBI Monday sought a stay on the operation of its own closure report citing the fresh inputs shared by the Punjab Police Director Bureau of Investigation, Prabodh Kumar. Even though the government had withdrawn the consent to the CBI last year, Kumar in his letter mentioned that the state police SIT had “brought out certain aspects of investigation… which would require further probe by the CBI”. He further went ahead and “requested that further investigations of the three cases…may kindly be undertaken as the sacrilege of Guru Granth Sahib Ji is a very sensitive and emotive issue…”. The CBI in its fresh application said that information appears to be verifiable and same needs to be investigated afresh.

Kumar’s stand both contradicts the government stand and the High Court order of January 25 which said that “a separate investigation by two different investigating agencies would not be in public interest, the incidents being inextricably linked”

What are Kumar’s inputs?

Annexed with the letter is a communication from the SIT chairman Ranbir Singh Khatra stating that accused Mohinder Pal Bittu, who was killed inside the prison in June, had confessed to his involvement in the sacrilege incidents of 2015 while he was being interrogated in a 2011 case. The letter also mentions that some tower dump data also points to “financial and overseas/cross border communication which reached Portugal”. The letter is a one-page document with two page annexed letter detailing the evidence of the SIT.

How Kumar’s letter contradicts government’s public stand and Punjab Vidhan Sabha resolution?

The Vidhan Sabha had in August last year passed a resolution directing the government to recall the three cases given to CBI for investigation. Kumar’s letter actually urges the CBI to proceed with the investigation while also mentioning that he has concurrence from the DGP. Punjab Chief Secretary on March 12 wrote to the Department of Personnel and Training, which supervises the CBI, for record of the three FIRs in view of the withdrawal of the consent by the government.

On June 28, the central department wrote back stating that the matter “is being taken up with the CBI”. While the government was yet to receive the response, the CBI filed the closure report in the matter drawing a huge reaction in Punjab. CBI’s new stand brings the whole issue back to square one.