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Friday, May 16, 2008

State Govt. and Judicial System acting to protect tainted/accused police officers

A writ peition filed to seek a CBI probe into fake encounter cases took ten years to come up for hearing
Year 1994 A writ petition placed before the Punjab and Haryana High Court to seek a CBI probe into fake encounters. But the court “Registry” kept it pending since 1994.
As per the High Court rules If cases were fixed in the Registry. Taking strong exception to a delay of three years in placing before the court a case seeking a CBI probe into fake encounters.
When initially filed, it faced a hurdle at the very thresh-hold. The Punjab and Haryana High court required the counsel to satisfy it that the petitioner was competent to file the present petition in public interest, seeking registration of criminal cases against police officers.”
After the submission court took just TEN years to list the case for hearing, If it has taken ten years to just list a case for hearing, Imagine how long it will take to decide on the case and even after that it is hard to believe if justice will prevail”
The petitioner is claiming to an eyewitness to fake encounters, he had claimed the victims included Nirmal Singh, Baljit Singh, Kulwant Singh Kanta, Baljinder Singh Bijliwala, Kartar Singh Bahal Singh, Satwant Singh Sodhi, Gurmukh Singh, Gurcharan Singh and Nachhattar Singh.
As the matter came up for hearing, the judge took note of efforts made at managing things; and Manak’s struggle for justice. Justice Ranjit Singh observed: “The petitioner appeared in person to state about the pressure on him to withdraw this writ petition”
“Throughout its journey, the petition faced a number of other hurdles at different stages. Initially, the petition was filed through M. S. Rana, advocate of this court.” “Subsequently, D. S. Rajput, advocate, appeared to make submissions. The writ petition was ultimately ordered to be admitted on September 15, 1995.” “In view of the reply filed, which revealed some of the person named by the petitioner indeed had been shown as killed in encounters, the court obviously would have felt the need for some proper investigation to really go into the allegations made in the petition that these were the fake encounters and, thus, cold blooded murders. No directions, however, were given for fixing the case for hearing.”
Counsel representing the petitioner for withdrawing the writ petition filed another application. On January 15, 2004, petitioner, however, stated he did not wish to withdraw the petition, though advocate D.S.Rajput had moved the application on his behalf. The case was adjourned to February 7, 2005.
Hereafter, it was never put up for hearing before the court till another application was filed on behalf of the petitioner through R. S. Bains.
This also indicates the role of the state government to shiled the accused police officers. Why state govt. want the petiotiner to withdraw his petition, Is the state govt. has ordered to do false encounter.
The accused police officer are still enjoying the senior posts in Punjab Police. If the state govt. is currupt and acting un-lawfully, why the judiciary never come forward to give justice to the petitioner and victims family .
“Generally, the courts in such cases are requested to entrust investigation to the Vigilance set up of the state on the ground that it can be expected to be free from influences. It is recently been in news, that head of the punjab vigilance Mr. Sumedh Singh Saini IGP cum director vigilance is himself facing prosecution for encounter cases. He killed nine persons beyween 1995 to 1998 when he was posted as Senior Suprintendent of Police (S.S.P) at Ludhiana.
CALL FOR JUSTICE

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