Directing the chief judicial magistrate’s (CJM’s) court, Gurdaspur, to give the petitioner an opportunity to be heard, the Punjab and Haryana high court on Wednesday disposed of a petition seeking an inquiry by the Central Bureau of Investigation (CBI) into the Gurdaspur police firing case of 2012.
The court of acting chief justice Ashutosh Mohunta and justice Harinder Singh Sidhu, in its judgment, stated that it had been settled in a number of cases by the Supreme Court that further proceedings in the cases are done in the court where proceedings under Section 173 of the Code of Criminal Procedure (CrPC) were underway. Section 173 pertains to the police officer’s report on the completion of investigation.
“As per the procedure mandated by the Supreme Court, the court of CJM Gurdaspur/competent court where the findings have been submitted, decides not to take cognisance of the offence and to drop the proceedings, the court concerned must give notice to the informant and provide them an opportunity to be heard,” the judgment said while disposing of the public interest litigation filed by NGO Lawyers for Human Rights International. The petitioner had sought a CBI inquiry into the case. The case is being heard in the Gurdaspur CJM’s court.
As per the petitioner, Jaspal Singh was killed in police firing and Ranjit Singh was seriously injured on March 29, 2012, when around 20-30 Sikh youths were sitting outside Gurdwara Ramgaria, Tibri road, Gurdaspur, seeking the arrest of Shiv Sena youths in an assault case.
The petitioner had alleged that peacefully protesting Sikh youths were fired at by the police without any warning, in which one person died and another sustained injuries. Later, the inspector general of police (crime), Punjab, was entrusted with the probe.
The state government had later disbursed Rs 5 lakh to the deceased’s family and Rs 2 lakh to the family of Ranjit Singh from the chief minister’s relief fund.