Punjab-Haryana High Court
Kultar Singh vs State Of Punjab And Another on 9 April, 2013
Author: Paramjeet Singh
Bench: Paramjeet Singh
CRM M-573 of 2013 and
CRM M-37238 of 2012 1
IN THE HIGH COURT OF PUNJAB AND HARYANAAT
CHANDIGARH
Date of Decision: April 09, 2013
1. CRM M-573 of 2013 (O&M)
Kultar Singh ... Petitioner
Versus
State of Punjab and another ... Respondents
2. CRM M-37238 of 2012 (O&M)
DSP Hardev Singh ... Petitioner
Versus
State of Punjab and another ... Respondents
CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH
1) Whether Reporters of the local papers may be allowed to see the
judgment?
2) To be referred to the Reporters or not?
3) Whether the judgment should be reported in the Digest?
Present: Mr. R.S. Cheema, Sr. Advocate with
Mr. A.S. Cheema, Advocate,
for the petitioner(s).
Mr. Gurinderjit Singh, DAG, Punjab.
Mr. R.S. Bains, Advocate,
for the complainant.
Paramjeet Singh, J.
This order of mine shall dispose of two Crl. Misc. Petitions i.e. CRM M-573 of 2013 and CRM M-37238 of 2012 filed by Kultar CRM M-573 of 2013 and CRM M-37238 of 2012 2 Singh and DSP Hardev Singh, respectively under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the petitioners in complaint case No. 24 of 2009 dated 23.04.2009 titled "Sarabjit Singh vs. Kultar Singh and others" (Annexure P/1), under Sections 306, 420, 467, 468, 471, 201/34 of the Indian Penal Code read with Sections 7/13 of the Prevention of Corruption Act, 1988.
Brief facts of the case are that on the intervening night of 30/31.10.2004, one Hardeep Singh along with his wife Romy and two sons, namely, Sanmit and Imran and mother Jaswinder Kaur allegedly committed suicide. The reasons and sequences behind commission of this mass suicide was scribed down on the walls of the house by the deceased which is alleged to be suicide notes of the deceased. An FIR No. 244 of 2004 under Sections 306, 388 of the Indian Penal Code was registered at Police Station C-Division, Amritsar against Mohinder Singh, Sarbreen Kaur, Palwinder Pal Singh and Parminder Kaur on the basis of said suicide notes scribed on the walls of the house of the deceased. It is also alleged that thereafter, even suicide notes were received by Hardeep Singh's friends Gurpreet Singh @ Sonu, Harwinderjeet Singh and Ex. MLA Harjinder Singh Thekedar. The name of Kultar Singh (petitioner in CRM M-573 of 2013) figures in the suicide notes scribed on the walls of the house of the deceased as at that point of time he was serving as a Senior Superintendent of Police, Amritsar. The background culminating into suicide was that Hardeep Singh, now deceased, had allegedly committed CRM M-573 of 2013 and CRM M-37238 of 2012 3 murder of his father on 11.08.2004 and attempted to dispose of the dead body. A news regarding that flashed amongst the relatives of Hardeep Singh deceased. They took an opportunity to blackmail Hardeep Singh and extracted money. Ultimately, an FIR No. 144 of 2004 under Sections 302/201 of the Indian Penal Code was registered at Police Station B- Division, Amritsar. In that context, the family of the deceased was allegedly being harassed by the police officials and relatives wherein, the role of the petitioner - Kultar Singh has been mentioned as crucial that he had taken money to the tune of Rs. 5,00,000/-. The other relatives who also extracted money, who happened to be the co-accused in the FIR as well as in the complaint, had played a role in abetment of suicide. Not only this, there are certain other allegations of manhandling the wife of Hardeep Singh i.e. Romy, by the petitioner - Kultar Singh.
The role attributed to DSP Hardev Singh (petitioner in CRM M-37238 of 2012), (at that time he was an Inspector) is to the effect that in order to favour accused no.1 in the complaint i.e. Kultar Singh, he has presented incomplete challan in the case without mentioning the role of Kultar Singh, accused in the complaint. Allegedly, the fair investigation was not conducted by said Hardev Singh (petitioner).
In the case FIR No. 144 of of 2004, registered under Section 302 IPC, the body of the father of Hardeep Singh was recovered by the police as unidentified. It is also the case that the relative of Hardeep Singh i.e. Mohinder Singh extorted an amount of Rs.7,25,000/- in three CRM M-573 of 2013 and CRM M-37238 of 2012 4 installments and further demanded Rs. 3 lacs. At this juncture, Hardeep Singh narrated the whole story to one of his relatives Manmohan Singh of Mohali and offered to surrender himself before the police authorities. Manmohan Singh allegedly discussed the entire episode with accused Jaswinder Singh @ Kaka, who was relative of wife of accused Kultar Singh (petitioner) and he arranged a meeting between Hardeep Singh and Kultar Singh. Hardeep Singh allegedly confessed his crime before Kultar Singh. Kultar Singh (petitioner) alleged to have assured Hardeep Singh that he would put up a weak case against him and would also cite witnesses of his choice in the murder case. For that, illegal gratification amounting to Rs. 13 lacs was demanded. As a part payment of this, Kultar Singh (Petitioner) allegedly accepted bribe of Rs. 5 lacs.
There are other allegations that immediately prior to the mass suicide by the family members allegedly the wife of Hardeep Singh i.e. Romy was molested by Kultar Singh. It is also alleged that Kultar Singh, being a senior police officer, taking advantage of the situation allegedly raped the wife of Hardeep Singh i.e. Romy.
Investigations were carried out by Sh. P.K. Rai, IPS, who suspected the role of the petitioner Kultar Singh in the entire episode. Since Kultar Singh was a senior officer than Sh. P.K.Rai, he wrote a letter to DIG, Border Range, Amritsar that further enquiry in the case be conducted by DIG or some senior rank officer. Accordingly, a Special Investigation Team under Sh. Paramjit Singh Gill was constituted. Sh. CRM M-573 of 2013 and CRM M-37238 of 2012 5 Paramjit Singh Gill conducted enquiry and also found the involvement of the petitioner - Kultar Singh and role of Hardev Singh, then Inspector. Number of inquiries were conducted by the police officials in this case. In some of the inquiries, petitioner - Kultar Singh was found innocent and ultimately a final inquiry was conducted by one Jasminder Singh, I.P.S., who has been examined as CW3 in the complaint case. Sh. Jasminder Singh (CW3) has categorically narrated the entire facts. The relevant part of the statement is reproduced herein below:
"During the course of enquiry with me I recorded statements of various personnel, the list of which is mentioned in my letter no. 407/PA/IG Lok Pal, dated 22.05.2008 addressed to DR. B.C. Gupta, IAS, along with copy of the statement of the witnesses recorded by me without any addition or alteration and the entire file is Ex.CW3/1. During the course of my enquiry it came into my notice that one D.O. Letter claimed to be written vide no. D.O. 2199/ST, dated 25.10.2004 addressed to Sh. P.K. Rai then S.P. City-I, Amritsar from Kultar Singh, yet P.K. Rai, IPS, including his office staff declined during my enquiry who have received such letter in his office. The said D.O. letter is Ex.CW3/K. The records relating to dispatch/receipt of the said D.O. Letter, called by me during enquiry from the concerned offices corroborated the claim of Sh. P.K. Rai. The said D.O. letter, as per the statement of Sh. P.K. Rai, indicated that back dating of the D.O. letter on part of Kultar Singh to absolve off his complicity. The statement of Sh. P.K. Rai also mentioned of issues of illegal gratification to police including Kultar Singh, smudging of suicide of notes (as evident from report of FSL showing obliteration of name CRM M-573 of 2013 and CRM M-37238 of 2012 6 of Kultar Singh from suicide notes by a different ink), complicity of one accused Manmohan Singh, complicity of accused Jaswinder @ Kaka, complicity of one Gulshan Kumar Reader to accused Kultar Singh and how one suicide note received by Sh. Harjinder Singh Thekedar, M.L.A. traveled to Kultar Singh, Mobile phone details yet to be investigated, even after submission of challan under other accused Sh. P.K. Rai stated that due to limitation period of 90 days, the challan had been presented against other accused. The report of FSL with regard to obliteration is Ex.CW3/L. During the course of my enquiry proceeding, I had also called for records of office of IG Jallandhar Zone, DIG Border Range and SP City-1, Amritsar. The mobile phone records sent to Sh. P.K. Rai, SP City-I, vide in his ADGP Intelligence No. 1376/IGP/Special, dated 06.11.2004 is Ex.CW3/M containing the mobile phone detailed received from Spice Telecom. During the course of my enquiry, the record with regard to the suicide notes as well as suicide writings on walls of the house of the deceased was also called and the entire copy of the same is Ex.CW3/N. I requested for relevant files from office of DGP, Punjab, out of which the office of DGP Punjab declined to supply the same vide their letter No. 2531/CB2, dated 17.10.2007, although subsequently the Home Department, vide their letter No. 2/4/2005-3H (1)- 1719, dated 24.10.2007 directed the DGP, Punjab to supply the documents to me. Both the above said letter is Ex.CW3/P and CW3/Q. The delay in completion of enquiry was on account of not supplying the relevant record with regard to complaints received against Kultar Singh accused to me. The special investigation team headed by Sh. Paramjit Singh Sarao did not record any case diary with regard to pendency CRM M-573 of 2013 and CRM M-37238 of 2012 7 of investigating Officer in the case FIR No. 244/04 did not record in the challan (proceedings u/s 173 Cr.P.C.) with regard to the fact that the investigation is ever remain pending in the case with regard to complicity of accused Kultar Singh. Another reason for delay has been no attendance of official witnesses during the course of proceedings before me, despite specific directions from Home Department. Copy of the complete correspondence file is Ex.CW3/R. xxxx xxxx xxxx ... During my enquiry, Sh. P.K. Rai, IPS and Sh. Paramjit Singh Gill, DIG appeared and got their statements recorded before me and respectively corroborated the allegations against Kultar Singh with regard with to corrupt practices well as complicity in case FIR No. 244/04, registered at P.S. `C' Division and the allegations referred in D.O. letter Ex.CW3/B. During the course of recording statement, it also transpired that deceased Hardeep Singh met accused Kultar Singh prior to commission of suicide of family members. The records do not indicate that at any stage accused Kultar Singh was made to join investigation of the concerned cases and on record allegations including expert opinion of FSL. The whole enquiry with me indicated saving the police personnel their complicity in the suicide case, as also corrupt practices specifically pointing at Kultar Singh and his subordinate SHO Inspector Hardev Singh. The enquiry was ordered be change at the far end vide one Department order dated 30.04.2008 and vide further order 07/2008 directing me to provide information to the subsequent enquiry officer, upon which I wrote my letter No. 773/PA/IA Lok, 2008, providing all information considered as relevant by me and CRM M-573 of 2013 and CRM M-37238 of 2012 8 enquiry proceedings with me and the copy of the same is Ex.CW3/S."
The alleged suicide notes have been photographed and their transliteration has also been prepared. It is also relevant to point out that the statements of some of the witnesses recorded in the complaint case have also disappeared from court file for which separate action is being taken and the file is being reconstructed.
I have heard learned counsel for the parties and perused the record.
Learned senior counsel for the petitioner - Kultar Singh vehemently argued that role of the petitioner - Kultar Singh has already been considered in FIR No. 244 of 2004 and he was found innocent by the Inquiry Officer. Now, the petitioner has been summoned in a complaint case. False allegations have been levelled against the petitioner that he has committed the offence and demand of bribe has been made. The story is mala fide. There is no evidence whatsoever against the petitioner. The allegations in the suicide notes are not specific. Even the name of the petitioner appears to have been mentioned in the suicide notes and thereafter, scored off. The Human Rights Organizations are causing definite harm to the police in general and also to individuals in particular. The statements of various persons have been recorded. The only question arises, who abetted the suicide of the deceased persons. There is no evidence in this regard on record. Rather, by way of the present complaint an attempt has been made to shift the focus in the investigation of the case. CRM M-573 of 2013 and CRM M-37238 of 2012 9 There are no details of collection of money, payment of money who collected and who had given, when and where. Anybody can level allegations. The role of the petitioner - Kultar Singh, then Senior Superintendent of Police, is absolutely silent. The complaint has been filed after 4-1/2 years.
So far as the role of Hardev Singh, petitioner is concerned, the only allegation against him is that he had filed incomplete challan and has allegedly supported the petitioner - Kultar singh.
The said contention has been vehemently opposed by the learned counsel for the respondents and it is contended that there is categorical evidence against the petitioners specifically Kultar Singh that he had demanded Rs.12 lacs from the deceased and received Rs.5 lacs and the remaining Rs. 7 lacs were yet to be paid. The name of the petitioner
-Kultar Singh figures in the suicide notes which have been scored off subsequently. Petitioner - Kultar Singh had actively participated in the commission of crime so much that the evidence against the petitioner has been tampered with. The said fact has been proved from the FSL report. Call details further prove this fact. The petitioner has influenced the enquiry proceedings as well as the court proceedings.
Learned counsel for the respondents argued that number of documents were got exhibited before the Trial Court. Deliberately and shockingly all the evidence in the complaint has been removed from the Court file and is missing for which separate proceedings for reconstruction CRM M-573 of 2013 and CRM M-37238 of 2012 10 of the file are going on. The petitioner being a senior officer (now retired) appears to have committed the said offence because he was the only beneficiary from the finding recorded by the Enquiry Officer which are against him. Besides this, there are allegations of molestation of wife of deceased Hardeep Singh. Thereafter, mass suicide has been committed. The suicide notes written on the walls clearly mention the role of the petitioner Kultar Singh specifically. Even without joining the petitioners, some of the officials have recorded finding in his favour. There are allegations that the accused are continuously influencing respondent no.2 in the present case. In these circumstances, the petitioner is not entitled to bail.
I have considered the rival contentions of the learned counsel for the parties.
Since, these are anticipatory bail petitions, I need not mention all the minute details which have been argued by the counsel for the parties. If any finding is recorded in that regard it may prejudice the case of the petitioners as well as the complainant.
So far as the limited purpose of deciding the anticipatory bail, I am taking into consideration the arguments addressed at bar and the averments mentioned in the petition as well as reply filed by the opposite party in that regard The fact remains that petitioner - Kultar Singh at relevant point of time was Senior Superintendent of Police, Amritsar. Allegedly CRM M-573 of 2013 and CRM M-37238 of 2012 11 deceased Hardeep Singh had murdered his own father. Some of the relatives of deceased Hardeep Singh came to know about the murder by him. Subsequently, the petitioner and his brother-in-law started exploiting him. Ultimately, an FIR No. 144 of 2004 under Sections 302/201 of the Indian Penal Code was registered at Police Station B-Division, Amritsar. Therefore, the role of the petitioners come into picture specially of petitioner -Kultar Singh. Kultar Singh through his relative had allegedly demanded Rs. 12 lacs from deceased Hardeep Singh. Rs. 5 lacs were allegedly paid to him and Rs. 7 lacs were yet to be paid. Besides this, there are some allegations against the petitioner - Kultar Singh that he molested the wife of deceased Hardeep Singh who also died along with the children in the mass suicide. Kultar Singh, petitioner, then Senior Superintendent of police, allegedly continued to influence the investigation. At one stage, the investigation was not actually being carried out by Hardev Singh, but it was being carried out by P.K. Rai, IPS, who has written that since there are allegations against Kultar Singh, the then Senior Superintendent of Police, Amritsar, Kultar Singh being a senior to him, so investigation be transferred to some senior officer. Thereafter, it was transferred to DIG. Then, DIG Sh. Paramjit Singh Gill has recorded finding against the petitioner and thereafter many other enquiries were carried out. Ultimately, Jasminder Singh, I.P.S. had investigated the matter and has found that the crucial role was played by the petitioner which has resulted into abetment leading to mass suicide.
CRM M-573 of 2013 and CRM M-37238 of 2012 12 Keeping in view the fact that some of the evidence has been brought on the complaint case which stands removed from the judicial file for which efforts to reconstruct the file are being made, but it is indicative of the fact that some interested persons must have got removed the concerned documents because from those documents only the petitioner - Kultar Singh has to be benefited. Even if some of the exhibited record starts disappearing from the complaint case, it certainly indicates that this may have been done only by the affected persons, other persons may not be interested as they are not to be benefited in any manner. Although this is a complaint case and FIR was already there, only challan has been presented against the accused, then certainly the petitioner - Kultar Singh does not deserve benefit of anticipatory bail keeping in view the circumstances of this case.
There is only minor role attributed to petitioner - Hardev Singh, then Inspector, now DSP that he has scored off the name of the petitioner - Kultar Singh is yet to be established at the time of evidence. In fact, he was not the Investigating Officer. Investigating officer was an IPS Officer under whose instructions he has submitted the incomplete challan.
In these circumstances, petitioner - Kultar Singh is not entitled to grant of anticipatory bail. CRM M-573 of 2013 filed by petitioner - Kultar Singh is dismissed.
CRM M-37238 of 2012 filed by petitioner - Hardev Singh is allowed. Petitioner - Hardev Singh is directed to appear before the Trial CRM M-573 of 2013 and CRM M-37238 of 2012 13 Court and furnish bail bonds to the satisfaction of trial Court. On doing so, Trial Court is directed to release the petitioner on bail.
April 09, 2013 [Paramjeet Singh] vkd Judge