"Incident Shocked Conscience Of Entire Nation," Punjab & Haryana High Court Refuses Bail To Amritpal's Alleged Aide In Police Station Attack Case

Observing that "incident has shocked the conscience of the entire nation," the Punjab & Haryana High Court has rejected the bail pleas of Waris Punjab De chief Amritpal Singh's "companions" in Police Station attack case.

A mob of around 200-250 persons headed by Amritpal, armed with deadly weapons, had attacked upon the Police Station Ajnala, in order to get released one of their associates from custody.

Justice Kuldeep Tiwari observed, "the present incident has shocked the conscience of the entire nation, where an unlawful mob, including the present petitioner, under the influence of one Amritpal Singh, took the law into their own hands by attacking a police station, with an ill intention to get released one of their associates from police custody, instead of taking legal recourse."

The Court further said the “show of strength” by mobsters herein, thereby leading to the present violent act, depicts that the mobsters, including the petitioner, consider themselves above the “Rule of Law” and throw challenge to the sovereignty and integrity of the State.

Besides this, they also exhibit their future intentions to take law into their own hands, just to achieve their own sense of justice, if they disconcur with any act of government authority(ies) established under law, it added.

These observations were made while hearing the bail applications of one Jagdish Singh, Parshotam Singh and Harmail Singh, who were stated to be the close companions of Amritpal Singh, who led the mob to cause violence.

The petitioners were booked under Sections 307, 353, 186, 332, 333, 506, 120-B, 427, 148, 149 of the IPC in February 2023 for involving in a mob attack at Ajnala police station inflicting injuries to senior police officials, upto the rank of Superintendent of Police, with sharp edged weapons, the mob also vandalized government property.

It was contended that they have been falsely entangled in the present FIR at the behest of the ruling party, with a malafide intention, to build criminal record against him and Amritpal.

After examining the record, the Court found that claims made by the petitioners that they were not present at the scene of occurrence were false. "The tower locations of mobiles of the petitioners, which were detected at the place of occurrence at the relevant time, falsifies their above claim," it added.

The bench further noted that, "Moreover, the record also makes revelations that, as per pictures and videos, the petitioners were armed with Kirpans."

"Consequently, though the names of the petitioners do not figure in the FIR, however, based upon such incriminating material as surfaced during the course of investigation, the petitioners were nominated as accused in the present FIR...," said the Court.

Referring to the records produced, the Court noted, "To be precise, the record makes vivid display, that a Superintendent of Police had suffered injury on his head with sharp edged weapon, resulting in his receiving 14 stitches on his head."

The Court opined that, " it would be significant to record here that, after invocation of provisions of the National Security Act, some of the co-accused in the present FIR, including Amritpal Singh, have been shifted outside the State of Punjab and have been lodged in Dibrugarh Jail at Assam."

Adding that there is no merit in the petitions and is impelled to dismiss, the Court opined, "the surge in violent incidents, specially against the State functionaries, by mobs, which indeed pose threat not only to social fabric of the society, but also to the law enforcement agencies."

"Moreover, since the material placed before this Court, brings to full glare the antagonist state of affairs prevailing in the State of Punjab, therefore, this Court cannot abdicate its constitutional role and turn a blind eye to the suffering of the common man," it added.

While dismissing the plea, Justice Tiwari highlighted that it will be a "travesty of justice, if despite grave allegations, the petitioners are enlarged on bail. The present matter needs to be dealt with in a realistic manner and with the sensitivity which it deserves, else the faith of the common man, in the law dispensing agencies, would erode."

Appearance: Simranjit Singh, Advocate for the petitioners

Case Title:  JAGDISH SINGH v. STATE OF PUNJAB

 Citation: 2023 LiveLaw (PH) 222

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