High Court Seeks Explanation From State Over Delay In Lodging FIR Against Punjab Police Personnel For Allegedly Assaulting Army Officer

The Punjab and Haryana High Court has sought an explanation from the Punjab Government for delay in registration of FIR against Punjab Police officials allegedly involved in assault of an Army Officer.

Observing that "serious allegations" have been levelled against senior officials of the agency, Justice Sandeep Moudgil issued notice to the State and CBI and sought a comprehensive status report indicating "Name of the officers who were informed about the alleged incident but refused to register the FIR, and why the FIR was not registered in a timely manner. What is the explanation for the delay in filing the FIR despite the petitioner (army officer) and his son's medical report being on record?".

Colonel Pushpinder Singh Bath, currently posted at the Army headquarters in New Delhi, has alleged that on the night of March 13 four Inspector-rank officers of Punjab Police and their armed subordinates attacked him and his son without any provocation.

"Despite the seriousness of the offence, the local police failed to take action. Distress calls made to senior officials were ignored, and instead of registering an FIR based on the petitioner's statement, a bogus FIR under 'affray against unknown persons was filed on the complaint of an unrelated third party. The petitioner's family had to approach senior police officers and the Hon'ble Governor of Punjab before a proper subsequent FIR was eventually registered - after 8 days," stated the plea.

The Court has asked the State if the medico-legal report of the police officials who were allegedly injured in the incident, namely Constable Randhir Singh and Inspector Ronny Singh, was provided to the concerned Police officer for lodging of FIR. It also asked why the medical alcohol test of the police officers allegedly involved was not conducted. If it was conducted, it should be put on record, the Court added.

Significant to note that the army officer has sought transfer of investigation to a Central Agency, citing "conflict of interest, delay and impartial investigation" by the Punjab Police.

Considering the "seriousness of the allegations", the Court gave two days time to the State to answer why the petition seeking transfer of probe to CBI should be dismissed.

The matter is listed for March 28, for further consideration.

Title: Colonel Pushpinder Singh Bath v. State of Punjab & Ors.

Advocate Pretinder Singh Ahluwalia represented the petitioner.