CHANDIGARH: The Punjab and Haryana High Court today transferred the investigation into the alleged assault on Colonel Pushpinder Singh Bath over a parking dispute outside a dhaba in Patiala by Punjab Police personnel to the Central Bureau of Investigation (CBI). Previously, the court had entrusted the investigation to the Chandigarh Police.
Justice Rajesh Bhardwaj, expressing dissatisfaction with the investigation conducted by the Special Investigation Team (SIT) of the Chandigarh Police, directed that the case be transferred to the CBI.
The direction came just two days after the bench of Justice Bhardwaj admonished the Chandigarh Police for its failure to arrest any of the accused Punjab Police personnel. He had asserted that the conduct of the police amounted to “setting the wrong example” and protecting the accused.
The court was earlier informed that all five accused, four of whom are police inspectors, are absconding, and no non-bailable warrants have been issued against them.
After the hearing, Pushpinder Singh Ahluwalia, lawyer of Colonel Bath, said, “The petitioner in its fresh plea sought an independent probe, preferably by the CBI, into the matter. After the hearing in the matter today, the court of Justice Rajesh Bhardwaj then transferred the case to the CBI.”
Seeking an independent probe into the matter, preferably by the CBI, in his petition, Colonel Bath asserted that the investigation of the case was transferred to the Chandigarh Police on 2 April.
“That it is noteworthy to mention that the investigation of the instant case was transferred to the Chandigarh Police on 4 April and it is being stated with utmost disappointment that even despite lapse of more than three and a half months since the registration of the FIR and lapse of three months since the investigation has been handed over to the Chandigarh Police, neither a single accused has been arrested so far, nor any accused has been associated with the investigation,” the petition stated.
In April, the High Court had directed the Chandigarh Police to form a special investigation team and probe the case, with a mandate to complete the probe within four months.
In March, Colonel Bath had moved the High Court after the Punjab Police allegedly delayed filing an FIR regarding the alleged assault on him and his son by a group of 12 policemen, including four inspectors. The family had rejected the SIT formed by the Punjab Police.
The Punjab Police had registered an FIR only on 22 March, eight days after the incident, following repeated appeals from the officer’s family.
The incident took place on the intervening night of 13 and 14 March when Colonel Bath and his son, Angad Singh, were having dinner at a dhaba near Rajindra Hospital. Colonel Bath alleged that a group of men aggressively approached them, demanding they move their car.
“One of them threatened to break our legs and then punched me. I lost consciousness. Then they assaulted my son,” he had said at the time. When Colonel Bath identified himself as an Army officer, the attackers allegedly snatched his ID card and mobile phone.
The petitioner had alleged that the Patiala Police failed to act despite the severity of the incident. He claimed that distress calls to senior officials were ignored.
Instead of registering an FIR on his complaint, the police initially lodged a case of ‘affray’ against unknown persons based on a third-party complaint. The officer’s family had to approach senior police officials and even the Punjab Governor before an FIR was finally registered eight days later.