Punjab-Haryana High Court
District Bar Association vs State Of Punjab And Others on 14 July, 2009
Bench: T.S.Thakur, Kanwaljit Singh Ahluwalia
CWP No. 13425 of 2008 [1]
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CWP No. 13425 of 2008
Date of Decision: 14.07.2009
District Bar Association, Ropar
..Petitioner
versus
State of Punjab and others
..Respondents
CORAM: HON'BLE MR. JUSTICE T.S.THAKUR,CHIEF JUSTICE
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
1.Whether Reporters of local papers may be allowed to see the
judgment ?
2. Whether to be referred to the Reporters or not ?
3. Whether the judgment should be reported in the Digest?
Present : Mr. Gurinder Pal Singh, Advocate
] for the petitioner
Mr. Rupinder Khosla, Addl. A.G. Punjab
for respondents No.1 to 3
Mr. S.S.Sandhu, Advocate
for respondent No. 4
*****
T.S.Thakur, C.J. (Oral)
This petition has been filed in public interest by District Bar Association, Ropar. It prays for a mandamus directing transfer of the investigation of FIR No. 16 dated 03.03.2007 for an offence punishable under Section 302 of Indian Penal Code to the Central Bureau of Investigation and for such any other direction as the Court CWP No. 13425 of 2008 [2] may deem fit and proper.
The FIR mentioned above relates to the murder of Shri K.R.Joshi, a Senior Advocate at Marauli Kalan, his native village situate in District Ropar. The averments made in the writ petition suggest that Shri Joshi was done to death by some unidentified persons leading to the registration of a case in the jurisdictional Police Station at Morinda in District Ropar. The investigation of the case has not according to the petitioner shown any fruitful result. In para No. 6 of the petition, it is, inter-alia, alleged that the killing of Shri Joshi appears to be the handiwork of some unidentified persons whom the Punjab Police have not been able to identify or apprehend. It is also alleged that a Dera Headman of the area may also be involved in the conspiracy leading to the murder of Shri Joshi. Certain averments regarding the role of Mr. Joshi in connection with a certain litigation in which the Dera was also interested, have also been made. It is alleged that in the face of the tardy investigation which has led nowhere, there is no option but to transfer the further investigation of the case aforementioned to the Central Bureau of Investigation established under the Delhi Special Police Establishment Act.
The respondents have filed an affidavit in reply followed by a status report, in which it is inter-alia pointed out that although a number of persons have been examined in the course of investigation and extensive efforts made to identify and book those responsible for conspiring and killing of Shri Joshi, the Investigating Agency has not been able to lay its hand on anything concrete that could result in arrest of anyone responsible for the heinous crime. The efforts are according CWP No. 13425 of 2008 [3] to the status report still on and any further development would be brought to the notice to the Court.
We have heard learned counsel for the parties at some length and perused the record. The incident in question had taken place as early as on 03.03.2007. The offence committed is punishable with death or life imprisonment. Despite lapse of nearly 2½ years, the Investigating Agency has not been able to crack the case or collect any material that could provide a basis for identifying and taking the culprits to task. The status report filed by the Investigating Agency also does not indicate any special steps or strategy that the Investigating Agency may be contemplating to solve the murder case. In the circumstances, continuation of the investigation in the jurisdiction of Police Station does not appear to us to be meaningful.
Mr. Khosla, learned counsel appearing for the State of Punjab, submitted that before the Court could consider transfer of the investigation to the Central Bureau of Investigation, the State Police through its Crime Branch could be given another chance to solve the murder mystery. It was urged that the Crime Branch is better equipped to deal with such cases with specialized skills and manpower to adopt a focused approach in the matter. We find merit in that submission. It is true that the investigation of Police has no head way but this may not itself be sufficient for us to handover the investigation to the Central Bureau of Investigation. It would on the other hand be more appropriate if the Crime Branch of Punjab Police handles the investigation from the stage at which the same is lying with the jurisdictional Police Station.
CWP No. 13425 of 2008 [4]
We accordingly allow this petition but only to the limited extent that the investigation of FIR No. 16 dated 03.03.2007, under Section 302 of Indian Penal Code registered in Police Station Morinda, District Ropar shall stand transferred to the Crime Branch of Punjab Police headquarter at Chandigarh. We further direct that Director General/Addl. Director General of Police, Incharge of Crime Branch, Punjab Police shall consider the feasibility of constituting a special team to investigate the matter in accordance with law. We reserve liberty to the petitioner-Association to seek revival of this petition, if at any stage, it is felt that transfer of the investigation to Central Bureau of Investigation is necessary in the facts and circumstances of the case. No costs.
A copy of this order shall be given dasti to Mr. Rupinder Khosla, Addl. A.G. Punjab for compliance under the signature of the Bench Secretary.
(T.S.THAKUR) CHIEF JUSTICE (KANWALJIT SINGH AHLUWALIA) JUDGE 14.07.2009 'ravinder'