‘Panchayat secy was implicated as he refused to bow to political pressure’

Five Ludhiana cops have been convicted of framing the now acquitted panchayat secretary in a fake case

Passing a scathing order against police officials and convicting five cops, including a DSP, for falsely implicating a panchayat secretary in a drug case last week, a local court relied on the version of the defence counsel who established how the victim, a panchayat secretary, was victimised as he failed to bow to political pressure for conducting wardbandi (illegal delimitation of wards) in 2018.

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The defence counsel had argued in the court that the police registered a false case against panchayat secretary Baljit Singh by “planting huge quantity of intoxicant powder” after picking him up from his house on July 5, 2018 with the “malafide intention that the accused being panchayat secretary did not accept the proposal/pressure of wardbandi of ruling party during panchayat election because he was doing his duty as panchayat secretary to prepare the wardbandi list as per rules and policies”.

Ultimately, on his refusal to not to act against the rules and policy of wardbandi during panchayat elections, police “vexatiously entered and searched his house and unnecessarily detained him by falsely accusing him in this case and planting alleged intoxicant powder”, it was stated.

It was also argued that Section 42(2) of the NDPS Act, which is mandatory in nature, has not been complied with and accordingly, entire proceedings were vitiated.

“There are material contradictions between the statements of witnesses regarding the arrival of the DSP at the spot and preparation of consent and non-consent statements of the accused by investigating officer or the DSP regarding presence of independent witnesses which clearly show non-presence of police official at the spot,” it was further argued.

‘Police fabricated documents’

It was argued that the consent statement, non-consent statement and recovery memo along with other documents were “false, forged and fabricated” because the same were not bearing the signature of accused as well as signature of the DSP. “Rather, some police officials got some documents signed wrongly and falsely by the panchayat secretary after he was picked up him from the house,” the court was told.

The investigating officer, it was argued, in connivance with other police officials tried to visit the Ludhiana Central Jail on August 10, 2018 on which, the accused (panchayat secretary) had refused to sign the same and then thereafter police official, who deposed in connivance with each other to fill the gap of non-signing of accused on documents by presenting the challan, claimed that accused had refused to sign the documents by illegally concealing or withholding the original documents bearing the signature of accused as well as that of the DSP. This fact has been duly proved on record in the evidence of prosecution witnesses as well, the court was told.

The order

Coming down heavily on the police for falsely implicating a man in a drug recovery case, the court of additional district and sessions judge Amar Paul had issued had non-bailable warrants against a Ludhiana DSP, three ASIs and one head constable and later convicted these police officials under Section 58 (vexatious entry, search, seizure or arrest) of the NDPS Act, while acquitting the panchayat secretary.

Among those convicted are DSP Kanwarpal Singh, ASIs Gurmeet Singh, Ramjit Dass and Manjinder Singh and head constable Bagga Singh.

While pronouncing the order, the court stated that “the police officials, who had played an active role in hatching the conspiracy, must have the feel of noose, which they had so skillfully created, and they must taste the potion, which they had so thoughtfully prepared for falsely implicating the accused, Baljit Singh”.

The next hearing of the case is on January 31.